Be Small Claims Wise guides › Questions and answers
Small claims: questions and answers
180 questions people ask about recovering money through the county court of England and Wales, grouped by guide, with a link to the full guide for each.
Checked against official sources on 30 September 2026.
- How small claims work in England and Wales
- Is it worth suing? An honest checklist
- Time limits for a small claim
- The letter before claim
- Claiming interest on a debt
- Evidence from WhatsApp, Messenger and Instagram
- Finding someone’s address to sue them
- Serving a claim by WhatsApp, Facebook or Instagram
- Process servers and tracing agents
- Suing a company, sole trader or partnership
- Defendant in Scotland, Northern Ireland or abroad
- Where and how to issue a small claim
- Court fees for a small claim
- Help with Fees for a small claim
- How long does a small claim take?
- What happens after you issue a small claim
- Default judgment when the defendant does not respond
- Free small claims mediation
- The small claims hearing
- Costs in small claims: what you can recover
- Enforcing a county court judgment
- Bailiffs and High Court enforcement
- Attachment of earnings, third party debt and charging orders
- The CCJ register and certificates of satisfaction
- Debt collection agencies: what they can and cannot do
- Small claims glossary
How small claims work in England and Wales
#What is the small claims limit in England and Wales?
The small claims track is the normal track for a claim worth not more than £10,000 (CPR 26.9), ignoring interest and costs. Personal injury damages must be no more than £1,500 (£5,000 for most road traffic accident injuries) and a tenant’s disrepair claim no more than £1,000 for the repairs. Read the guide
#Do I need a solicitor for a small claim?
No. The track is designed for people to represent themselves, hearings are informal and the strict rules of evidence do not apply. Because a winning party cannot normally recover solicitors’ fees from the loser, most small claimants act in person. Read the guide
#How much does it cost to make a small claim?
The issue fee is £35 to £455 depending on the amount claimed including interest. If the claim is defended and goes to a hearing, a hearing fee of £27 to £346 is payable. Enforcement, if needed, costs more. Help with Fees may cover some or all of these. Read the guide
#Where is a small claim heard?
Claims are issued centrally, online or at the Civil National Business Centre in Northampton. If an individual defendant disputes a claim for a fixed sum, the case is sent to the county court hearing centre nearest to where the defendant lives or carries on business. Read the guide
#Is mediation compulsory in a small claim?
Under the PD 51ZE pilot, which runs to 6 April 2027, a defended claim for a fixed sum is automatically referred to the free HMCTS Small Claims Mediation Service. A party who does not attend without good reason risks sanctions, including costs, at the hearing. Read the guide
#How long does a small claim take?
If the defendant does not respond, judgment can follow within weeks of issue. If the claim is defended, the median time from issue to trial was 41.0 weeks in April to June 2026. Read the guide
#Does winning mean I get paid?
No. A judgment records that the money is owed. If the defendant does not pay, you must apply for enforcement and pay a further fee, and the court cannot guarantee recovery. Read the guide
Is it worth suing? An honest checklist
#If I win, does the court make the defendant pay?
No. The court gives judgment but does not collect the money. If the defendant does not pay, you apply for enforcement and pay a further fee (£69 to £139 in the county court), and recovery is not guaranteed. Read the guide
#Can I claim for my time and stress?
Not on the small claims track. CPR 27.14 limits recoverable sums to court fees, fixed issue costs, travel expenses, loss of earnings up to £95 a day, an expert’s fee up to £750, and costs against a party who behaved unreasonably. Your preparation time is not on the list. Read the guide
#Is it worth suing someone on benefits?
Often not. Benefits are not earnings, basic household goods are exempt from enforcement agents, and a bank freeze can be met with a hardship application. The main consequence for the debtor is a register entry for six years, and some debtors will agree instalments to avoid that. Read the guide
#Can I sue a company that has been dissolved?
Not until it is restored to the register. Restoration needs a court application (form N208) with a £326 fee and the Registrar’s costs, usually around £300, which for a small claim is likely to exceed the debt. Read the guide
#How old can a debt be before it is too late to sue?
A simple contract debt must be claimed within six years of the cause of action (Limitation Act 1980 s.5). A written, signed acknowledgment or a part payment restarts the six years, but a debt already out of time cannot be revived. Read the guide
#What happens to a defendant who ignores a small claim?
You can request judgment in default. That judgment is registered on the Register of Judgments, Orders and Fines and shared with credit reference agencies, stays for six years unless paid within one month, and can be enforced by a warrant, attachment of earnings, third party debt order or charging order. Read the guide
#Would a debt collection agency be cheaper than suing?
For an undisputed business debt an agency working on commission (commonly 5% to 15% of what is recovered) can be cheaper than fees and time. But an agency has no legal powers a creditor lacks, its commission is not recoverable from the debtor in a consumer debt, and a disputed debt still has to be proved in court. Read the guide
Time limits for a small claim
#How long do I have to sue for an unpaid debt?
Six years from the date the cause of action accrued, which for a contract debt is normally the date payment became due (Limitation Act 1980 s.5). After that the debtor can defeat the claim by pleading limitation. Read the guide
#Does a text message admitting the debt restart the six years?
Only if it amounts to an acknowledgment in writing signed by the debtor or their agent (s.30). A written acknowledgment or a part payment restarts the period from that date (s.29(5)), but nothing revives a claim that is already time-barred (s.29(7)). Read the guide
#The debt is five years and ten months old. Can I still claim?
Yes, if the claim is brought in time. On paper it is brought when the court office receives the claim form; on Money Claim Online when the court's computer system receives it; on Online Civil Money Claims only when the claim is issued, which can be later if Help with Fees is being processed. Read the guide
#Does the six years run from the last reminder I sent?
No. Reminders from the creditor do not affect limitation. Only the debtor's own written and signed acknowledgment, or a payment by the debtor, restarts the period. Read the guide
#How long is the claim form valid for service?
Four months from issue for service within the jurisdiction, and six months for service outside it (CPR 7.5). An application to extend should be made before the period expires (CPR 7.6). Read the guide
#How long do I have to enforce a county court judgment?
A warrant or writ of control can be issued without permission for six years from the judgment; after that you must apply for permission and explain the delay (CPR 83.2). Limitation Act 1980 s.24 also bars a fresh action on the judgment after six years and the recovery of judgment interest more than six years in arrears. Read the guide
#Can I claim interest going back more than six years?
The claim itself must be brought within six years of the debt falling due. Interest under County Courts Act 1984 s.69 is claimed from the date the cause of action arose to judgment, and the court decides what to allow; on a judgment debt, arrears of interest more than six years old cannot be recovered (s.24(2)). Read the guide
The letter before claim
#Do I have to send a letter before claim for a small claim?
The Practice Direction on Pre-Action Conduct expects it, and the Debt Protocol requires a Letter of Claim where a business claims from an individual. A claimant who skips it risks the claim being stayed, a costs order and reduced interest. Read the guide
#How long must I wait after sending the letter?
Under the Practice Direction, 14 days in a straightforward case. Under the Debt Protocol, 30 days from the date on the Letter of Claim, and if the debtor returns the Reply Form, at least a further 30 days from the Reply Form or from supplying requested documents, plus 14 days’ notice before issuing. Read the guide
#Does the Debt Protocol apply to a personal loan between friends?
No. It applies only where a business (including a sole trader or public body) is claiming a debt from an individual or sole trader. An individual claiming from another individual follows the Practice Direction on Pre-Action Conduct. Read the guide
#Can I send the letter before claim by WhatsApp or email?
Under the Debt Protocol the letter may be sent by email only if the debtor has previously agreed to email and given an address; otherwise it goes by post. Sending a copy by the messaging channel already in use is common in addition to post and helps prove the debtor knew of the claim. Read the guide
#What interest can a business add to an unpaid invoice from another business?
Late Payment of Commercial Debts (Interest) Act interest at 8% above Bank Rate, which is 11.75% for interest starting to run in 2026, plus a fixed sum of £40, £70 or £100 per debt depending on its size, unless the contract sets its own rate. Read the guide
#What does the Debt Protocol Letter of Claim have to enclose?
An up-to-date statement of account, the Information Sheet and Reply Form from Annex 1 of the Protocol, and a Financial Statement form from Annex 2. Read the guide
Claiming interest on a debt
#What interest rate can I claim on a debt in a small claim?
Under s.69 of the County Courts Act 1984 the court can award simple interest at such rate as it thinks fit. The rate usually claimed and allowed is 8% a year. If your contract set a rate, or the debt is between two businesses, a different rate applies instead. Read the guide
#How do I calculate the interest?
Multiply the debt by 0.08 to get the yearly interest, divide by 365 for the daily rate, and multiply by the number of days overdue. On £1,000 that is £80 a year, about 22p a day, and £11 after 50 days. Read the guide
#From what date does interest run?
From the date the money became due, for example the invoice due date or the agreed repayment date. Interest cannot be claimed under s.69 for any period before the cause of action arose. Read the guide
#Does the interest affect the court fee?
Yes. The issue fee on a specified claim is calculated on the total of the claim and the interest, so adding interest can move the claim into a higher fee band. Interest is disregarded when the court decides which track the claim belongs on. Read the guide
#What is the Late Payment Act rate in 2026?
11.75%: 8% over the Bank of England Bank Rate of 3.75% in force on 31 December 2025 and 30 June 2026. It applies only where both parties were acting in the course of a business, and the creditor can also claim a fixed sum of £40, £70 or £100 depending on the size of the debt. Read the guide
#Does a county court judgment carry interest?
Only if the judgment is for £5,000 or more, when it carries 8% a year from the date of judgment. A county court judgment for less than £5,000 carries no interest after judgment, and interest stops during county court enforcement unless the enforcement produces nothing. Read the guide
#Can I claim compound interest?
Not under s.69, which provides for simple interest only, calculated on the original sum. Compound interest would need a contractual term providing for it. Read the guide
Evidence from WhatsApp, Messenger and Instagram
#Are WhatsApp messages admissible in a small claims hearing?
Yes. The strict rules of evidence do not apply on the small claims track and the court may adopt any fair method of proceeding (CPR 27.8). What matters is that the messages are complete, in order, dated and attributable to the other party. Read the guide
#Should I screenshot the chat or export it?
Both. An export gives the court the whole thread in order; screenshots show it as it appeared, including read receipts and the sender’s name or number. Keep the original device as well. Read the guide
#How do I prove the account belongs to the defendant?
Record the phone number, profile URL, user ID or handle with the date captured, and keep evidence that the person used that account to make the agreement, send bank details or reply recently. Delivery and read indicators on your messages help. Read the guide
#When do I have to send my messages to the other side?
The standard small claims directions require each party to file and serve copies of all documents they rely on at least 14 days before the hearing, and to bring the originals to the hearing. Read the guide
#Can I use messages the defendant sends after they receive the claim?
Yes, and you should keep them. Courts have treated a defendant’s later messages as proof that they received and read the claim, and a promise to pay can be an admission. Read the guide
#Is it safe to post about the debt on Facebook to pressure them?
Public posting is not the same as private messaging and can cause problems of its own. Courts have required personal data to be kept out of public channels; keep communication to private messages and the court process. Read the guide
Finding someone’s address to sue them
#Can I make a money claim online without the defendant’s address?
No. Online Civil Money Claims and Money Claim Online both require the defendant to have a postal address in England or Wales. Without one, the claim is issued on paper and you apply for an order permitting service by another method. Read the guide
#Is it legal to use a tracing agent to find a debtor?
Yes, for a genuine debt. Tracing agents use credit reference data under a lawful basis and will ask for the reason for the trace. Most charge on a no-trace-no-fee basis of roughly £25 to £100 plus VAT, though some add a non-refundable compliance fee for private clients. Read the guide
#Can I get someone’s address from Companies House?
If they are or were a company officer, the free officer search shows their correspondence address and month and year of birth. That is often a business or accountant’s address rather than their home, but it is an address at which a director can be reached. Read the guide
#Can I pretend to be someone else to get an address from a bank or employer?
No. Knowingly or recklessly obtaining personal data without the data controller’s consent is an offence under Data Protection Act 2018 s.170, and accessing anyone else’s online accounts is unlawful. Read the guide
#Can the court order Facebook or WhatsApp to tell me who someone is?
Only the High Court can make that kind of disclosure order, at a typical cost of £5,000 to £10,000 plus VAT. For a small claim it is disproportionate; the county court route is an order permitting service through the messaging channel already in use. Read the guide
#What if I only have an old address?
If you have reason to believe the defendant has moved, CPR 6.9(3) requires reasonable steps to find the current address. Serve there if you find it; otherwise consider an alternative method and apply under CPR 6.15; only if neither exists can you serve at the last known address. Read the guide
Serving a claim by WhatsApp, Facebook or Instagram
#Can I serve a county court claim by WhatsApp without asking the court?
Not unless the defendant has previously said in writing that they will accept service by that channel (PD 6A para 4.1). Otherwise you need an order under CPR 6.15 permitting service by that method. Barton v Wright Hassall [2018] UKSC 12 shows the courts apply this strictly, even to litigants in person. Read the guide
#Which form do I use and what does it cost?
A paper claim form N1 sent to the Civil National Business Centre in Northampton with the issue fee, plus an application notice N244 under CPR 6.15. The N244 fee is £126 when the application is made without notice (from 13 July 2026), or £321 on notice. Help with Fees can be claimed on both. Read the guide
#Can I use Online Civil Money Claims or Money Claim Online if I only have a phone number?
No. Both online services require a postal address in England or Wales for the defendant. The paper N1 route, with the claim form issued and retained by the court under PD 16 para 2.3 while the CPR 6.15 application is decided, is the route the rules provide. Read the guide
#What evidence do I need for the application?
Evidence that the number, profile or handle is the defendant's and is actively used: recent replies, read receipts or ticks, the fact that they used it to make the agreement, and screenshots showing dates and times. You also need to show what you did to find a postal address and why a message is likely to reach them (PD 6A paras 9.1 and 9.3(2)). Read the guide
#Will the court definitely make the order?
No. The order is discretionary and depends on the evidence. In Chirkunov v Persons Unknown [2024] EWHC 3177 (KB) the court refused because the channel was not shown to be monitored and earlier messages had gone unanswered. A live, recently used channel tied to the defendant personally is what the successful cases had in common. Read the guide
#What must the order contain?
Under CPR 6.15(4) it must specify the method or place of service, the date on which the claim form is deemed served, and the period for filing an acknowledgment of service, admission or defence. You then serve exactly as the order says and file a certificate of service on form N215 within 21 days. Read the guide
#Should I post the claim form on the defendant's Facebook page?
No. Send it privately by direct message in the way the order specifies. The courts have required care over personal data where a method of service is public, and a public post is not what a CPR 6.15 order for message service contemplates. Read the guide
Process servers and tracing agents
#Do I have to use a process server to serve a small claim?
No. Under CPR 6.4 the court serves the claim form by post unless you ask to do it yourself, and the online services do this automatically. Personal service is an option, not a requirement, for a claim form. Read the guide
#How much does a process server cost?
Roughly £90–£130 plus VAT for a standard fixed-fee instruction covering up to three attempts at one address and a statement of service. Urgent service, extra attempts (about £40–£60 each) and sworn affidavits (about £10–£25, more in London) cost extra. Read the guide
#How much does a tracing agent cost?
About £25–£100 plus VAT for a desktop trace on a no-trace-no-fee basis, with results usually in about 7 days. Some firms charge private individuals a non-refundable compliance fee on top, and premium investigations are charged whether or not they succeed. Read the guide
#Which court documents must be served personally?
In a small claim the main one is an order to obtain information under CPR Part 71, which must be served personally not less than 14 days before the hearing. A statement of means order in attachment of earnings proceedings is also served personally. The claim form itself need not be. Read the guide
#Is it legal to trace someone who owes me money?
Yes, on the legitimate interests basis under UK GDPR, and the Data Protection Act 2018 lifts several data-protection duties for prospective legal proceedings. What is not legal is obtaining data by deception (DPA 2018 s.170) or copying the full electoral register. Read the guide
#Can I claim the process server's or tracing agent's fee back from the defendant?
Not normally. Small claims costs are limited to the categories in CPR 27.14(2). Practice Direction 45 allows only small fixed sums for personal service (£15 per person for documents other than the claim form, or £10 extra on the commencement costs for the claim form) and £53.25 for court-ordered alternative service. Read the guide
#What should the process server give me if service fails?
A written report of every attempt with dates, times and what was observed, ideally with photographs, in a form verified by a statement of truth. That report is the evidence the court expects to see with an application under CPR 6.15 for service by another method. Read the guide
Suing a company, sole trader or partnership
#Can I sue the director instead of the company?
Not normally. A limited company is a separate legal person and its directors are not usually personally liable for its debts. A director who gave a personal guarantee or contracted in their own name may be a different case, and that is worth checking with an adviser before issuing. Read the guide
#Where do I serve a limited company?
By post or by leaving the claim at its registered office (Companies Act 2006 s.1139), or at its principal office or a place of business in England and Wales connected with the claim (CPR 6.9). The registered office is shown free at Companies House. Read the guide
#The company has been dissolved. Can I still claim?
Only after it is restored to the register. Anyone with a potential claim can apply on form N208 with a witness statement; the court fee is £326 (from 13 July 2026), the Registrar's costs are usually around £300, and the application must generally be made within six years of dissolution. For a small claim the cost often exceeds the debt. Read the guide
#How do I name a sole trader on the claim form?
As the individual, followed by "trading as" and the business name, for example "Jane Smith trading as JS Autos" (PD 16 para 2.4). The individual is personally liable and may be served at home or at the business address. Read the guide
#How do I find out who the partners are?
Sue the partnership in its firm name with "(a Firm)" added, then demand a partnership membership statement. PD 7A para 8 requires the partnership to provide the names and last known addresses of all partners within 14 days. Read the guide
#Can I sue a company that is in liquidation?
If it is in compulsory liquidation, not without the court's leave (Insolvency Act 1986 s.130(2)). Companies House shows the status and the insolvency practitioner, who is the person to contact about the debt. Read the guide
#Can I use a statutory demand instead of a small claim against a company?
The rules allow a demand for a debt over £750, and non-payment for three weeks is a ground for a winding-up petition. But a petition costs £2,952 in deposit and fee, may recover nothing, and is an abuse of process where the debt is genuinely disputed (Craymanor v LS Power [2021] EWHC 192 (Ch)). Read the guide
Defendant in Scotland, Northern Ireland or abroad
#Can I use the online money claim service against someone in Scotland?
No. Online Civil Money Claims (the gov.uk 'Make a money claim' service) and Money Claim Online both require the defendant to have a postal address in England or Wales. A claim against a defendant in Scotland, Northern Ireland or abroad goes on paper form N1, with form N510, to the Civil National Business Centre in Northampton. Read the guide
#Can an English county court hear a claim against a defendant in Northern Ireland?
Sometimes. Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 allows a person domiciled in another part of the UK to be sued in England and Wales in a contract matter where the contract was to be performed here, or in tort where the harmful event occurred here. Otherwise the general rule is to sue in the courts where the defendant is domiciled. Read the guide
#How long does a defendant in Scotland have to respond?
Twenty-one days after service of the particulars of claim to acknowledge service or admit, and 35 days to file a defence if they acknowledge (CPR 6.35(2)), instead of the usual 14 and 28 days. Read the guide
#Can I get default judgment against a defendant served in Scotland or Northern Ireland?
Yes, but by application rather than the simple request form. CPR 12.11 requires a Part 23 application with evidence that the court has power to hear the claim, that no other court has exclusive jurisdiction, and that the claim form was properly served. Read the guide
#What is form N510?
It is the notice, filed and served with the claim form, stating the grounds on which the claimant is entitled to serve the claim form outside England and Wales without the court's permission (CPR 6.34). The online service itself tells claimants with a defendant outside England and Wales to download forms N1 and N510. Read the guide
#What is the small claims limit in Scotland and Northern Ireland?
Scotland's Simple Procedure covers payment claims up to £5,000, made through Civil Online. Northern Ireland's small claims process also covers claims up to £5,000, processed by the Civil Processing Centre; larger claims go by civil bill in the county court up to £30,000. Read the guide
#Do I need permission to serve a claim on someone abroad?
Usually, under CPR 6.36, relying on one of the gateways in Practice Direction 6B such as a contract made or breached within the jurisdiction. Permission is not needed where the contract gives the courts of England and Wales jurisdiction or the 2005 Hague Convention applies (CPR 6.33(2B)). The claim form is then valid for six months for service. Read the guide
Where and how to issue a small claim
#Which online service should I use for a small claim?
For a fixed sum of £25,000 or less against one defendant with an address in England or Wales, Online Civil Money Claims (the gov.uk ‘Make a money claim’ service). Money Claim Online is signposted for £25,001 to £100,000 or two defendants, and cannot take a Help with Fees application. Read the guide
#Where do I send a paper N1 claim form?
To the Civil National Business Centre, St Katharine’s House, 21–27 St Katharine’s Street, Northampton NN1 2LH, with a copy for each defendant and the fee (cheque or postal order) or your Help with Fees reference or form EX160. Read the guide
#Does the court send the claim to the defendant?
Yes, in all three routes the court serves the claim form by post unless you ask to serve it yourself. If you do serve it yourself, you must file a certificate of service before you can get a default judgment. Read the guide
#When is the claim treated as served?
A posted claim form is deemed served on the second business day after posting. A Money Claim Online claim is deemed served on the fifth day after issue. In Online Civil Money Claims the defendant’s deadline runs from the date of issue. Read the guide
#How long does the defendant have to reply?
On a paper or MCOL claim, 14 days after service of the particulars, or 28 days if they file an acknowledgment of service. In Online Civil Money Claims, by 4pm on the 28th day after issue. Both can be extended by agreement by up to 28 days. Read the guide
#What is the statement of truth?
A declaration on the claim form that you believe the facts stated are true and understand that contempt proceedings may be brought for a false statement made without an honest belief in its truth (PD 22 para 2.1). Typing your name online counts as signing it. Read the guide
#Can I change my claim after issuing it?
Only by applying to the court, and if the change increases the value the difference in fee is payable. It is much easier to get the details right before submitting. Read the guide
Court fees for a small claim
#How much does it cost to issue a small claim?
From £35 for a claim up to £300 to £455 for £5,000.01 to £10,000, calculated on the amount claimed plus interest. The fee is the same online and on paper. Read the guide
#Is the court fee cheaper if I claim online?
No. The online discount was removed in May 2021; Online Civil Money Claims, Money Claim Online and paper form N1 all carry the same issue fee. Read the guide
#Does interest affect the court fee?
Yes. The fee is calculated on the total of the claim and the interest, so adding interest can move a claim into a higher band. Read the guide
#When do I have to pay the hearing fee?
At least 28 days before the trial where the court gave 36 days’ or more notice, otherwise within 7 days of the notice. It is not refundable, but it is not payable if the case settles before it falls due. Read the guide
#What does an N244 application cost?
From 13 July 2026, £321 for an application on notice and £126 for an application by consent or without notice where no other fee is specified. Read the guide
#What are the enforcement fees for a county court judgment?
A warrant of control costs £96, an attachment of earnings order, third party debt order or charging order £139 each, an order to obtain information £69, and a High Court writ of control £82. These are added to the judgment debt. Read the guide
#Do I get my court fees back if I win?
The court may order the losing defendant to pay the court fees you paid, and enforcement fees are added to the judgment debt. Whether that money is actually recovered depends on the debtor. Read the guide
#Can I get help paying court fees?
Yes, through Help with Fees if your savings are under £4,250 (£16,000 if 66 or over) and your income is low or you receive a qualifying benefit. Apply online before issuing and quote the reference, or send form EX160 with a paper claim. Read the guide
Help with Fees for a small claim
#How much can I have in savings and still get Help with Fees for a small claim?
Your disposable capital must be less than £4,250 for any fee of up to £1,420, which covers every small claims fee. If you or your partner are aged 66 or over the limit is £16,000. Your main home is not counted. Read the guide
#What income limit applies for a full fee waiver?
Gross monthly income of up to £1,420 if you are single with no children, or £2,130 as a couple, plus £425 for each child aged 13 or under and £710 for each child aged 14 or over. Partial help is available above those figures, up to £3,000 over the threshold. Read the guide
#Can I use Money Claim Online if I have Help with Fees?
No. Practice Direction 7C says a claimant who wishes to apply for fee remission must not use Money Claim Online. Online Civil Money Claims (the gov.uk ‘Make a money claim’ service) accepts Help with Fees applications, and so does the paper N1 sent with form EX160. Read the guide
#Do I have to apply separately for the hearing fee?
Yes. Each court fee needs its own Help with Fees application. If an application for the hearing fee is refused, the fee is payable within 7 days of the refusal notice or 28 days before the trial, whichever is later. Read the guide
#Which benefits mean I pay no fee?
Income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Pension Credit (Guarantee Credit) and Universal Credit with additional gross annual earnings of less than £6,000, provided you also pass the savings test. Read the guide
#I paid a fee last month but think I qualified. Can I get it back?
You can apply for a refund if you paid the fee within the last 3 months and were eligible for Help with Fees when you paid it. Apply online or on form EX160. Read the guide
#Does Help with Fees affect what the losing side has to pay?
It changes only what you pay the court. CPR 27.14(2)(c) lets the court order the loser to pay court fees the winner paid, so a fee that was fully waived for you may not be recoverable from the defendant, while any part you did pay is. If you lose, the other side’s limited recoverable costs are unaffected. Read the guide
How long does a small claim take?
#How soon after issuing can I ask for a default judgment?
As soon as the defendant’s time for responding has expired: 14 days after service of the particulars (28 if they acknowledged service) on a paper or MCOL claim, or 28 days after issue in Online Civil Money Claims. Online requests are processed automatically; paper requests wait about 27 working days before processing begins. Read the guide
#Does going to mediation delay my hearing?
No. Gov.uk states that you will not have to wait longer for a court hearing if you go to mediation first, and the claim must be allocated to a track within four weeks of the last directions questionnaire if it does not settle. Read the guide
#Why is the average wait 41 weeks when my claim is straightforward?
The 41.0-week median counts only claims that go all the way to a trial. Most money claims end much earlier: in April to June 2026, 94% of county court judgments were default judgments, and many defended claims settle at mediation. Read the guide
#Can the defendant get more time to respond?
Yes. On a paper or MCOL claim, filing an acknowledgment of service extends the defence deadline from 14 to 28 days, and the parties can agree up to a further 28 days. In Online Civil Money Claims the parties can agree an extension of up to 28 days in total. Read the guide
#How long after the hearing will I know the result?
Usually the same day. Gov.uk says you will get a decision on the day of the hearing and the court will also send a copy of the decision by post. Read the guide
#How long does enforcement take once I have a judgment?
It depends on the method. A paper warrant of control waits about 14 working days before processing, after which the debtor gets at least 14 clear days’ notice before an enforcement agent (bailiff) can act. A third party debt order has a final hearing not less than 28 days after the interim order, and a charging order allows the debtor 28 days from service to object. Read the guide
What happens after you issue a small claim
#Who serves the claim on the defendant?
Normally the court does, by posting a printed copy of the claim form to the defendant’s address. This applies to Online Civil Money Claims, Money Claim Online and paper N1 claims. You can ask to serve it yourself, in which case you must file a certificate of service (N215). Read the guide
#The defendant has offered to pay by instalments. Do I have to accept?
No. If you reject the offer the court decides the rate of payment. For amounts up to £50,000 a court officer makes that decision without a hearing from the defendant’s statement of means, and either party can ask a judge to re-determine it within 14 days. Read the guide
#What if the defendant admits part of the claim?
You choose whether to accept the amount admitted. If you accept, judgment is entered for that sum. If you do not, you give notice that the claim continues and it proceeds as a defended claim for the balance. Read the guide
#What happens if the defendant counterclaims?
The counterclaim is dealt with alongside the claim. The defendant must pay a fee calculated as if the counterclaim were a separate claim; in MCOL an unpaid counterclaim fee means the case proceeds as a defence only. You may file a defence to the counterclaim. Read the guide
#Can the defendant get more time to respond?
Yes. Filing an acknowledgment of service extends the defence deadline on a paper or MCOL claim from 14 to 28 days after service, and the parties can agree up to a further 28 days. In Online Civil Money Claims the parties can agree an extension of up to 28 days in total. Read the guide
#Where will a defended claim be heard?
Where the defendant is an individual and the claim is for a specified sum, the claim is sent to the defendant’s home court once all directions questionnaires are filed. Otherwise it goes to the claimant’s preferred hearing centre. Read the guide
Default judgment when the defendant does not respond
#When can I request a default judgment?
Once the defendant’s time to acknowledge service or file a defence has expired and nothing has been filed (CPR 12.3). That is 14 days after service of the particulars on a paper or MCOL claim (28 days if they acknowledged), or 28 days after issue in Online Civil Money Claims, plus any agreed extension. Read the guide
#Which form do I use?
Request it online if you claimed through Online Civil Money Claims or Money Claim Online. On a paper claim use form N225 for a specified amount or form N227 where the amount is to be decided by the court. No fee is payable for the request. Read the guide
#How long does a default judgment take?
Online requests are processed automatically. A paper N225 or N227 sent to the Civil National Business Centre waits about 27 working days before processing begins, according to HMCTS figures at 23 September 2026. Read the guide
#What happens if the defendant files a defence late?
The defendant can respond until the court has processed your request. A late defence that arrives before, or on the same day as, your request is processed takes priority and the claim continues as a defended claim. Read the guide
#Can a default judgment be cancelled?
Yes. The court must set it aside if it was wrongly entered, and may set it aside if the defendant shows a real prospect of defending the claim or some other good reason, taking into account how promptly they applied (CPR 13.2 and 13.3). The application is on form N244 with a £321 fee. Read the guide
#Do I need the defendant’s date of birth?
If the defendant is an individual you must give their date of birth if you know it (CPR 12.4(2)). If you do not know it, say so; the request can still go ahead. Read the guide
#I served the claim myself. Is there anything extra to file?
Yes. You must file a certificate of service (form N215) within 21 days of serving the particulars of claim, and judgment in default cannot be entered until it has been filed (CPR 6.17(2)). Read the guide
Free small claims mediation
#Is mediation compulsory in a small claim?
For a defended claim for a specified sum of £10,000 or less issued on or after 22 May 2024, the claim is referred automatically to the HMCTS Small Claims Mediation Service once the directions questionnaires are filed, under the PD 51ZE pilot running to 6 April 2027. You are not obliged to settle, but a party who does not attend risks sanctions. Read the guide
#How much does small claims mediation cost?
Nothing. The HMCTS Small Claims Mediation Service is free. It is a telephone appointment lasting up to one hour. Read the guide
#Do I speak to the other side during the mediation?
No. The mediator speaks to each party separately by phone and passes offers between them. You can have someone with you on the call. Read the guide
#Is a mediated agreement legally binding?
Yes. The verbal agreement made at the appointment is legally binding and is recorded in a settlement agreement (form N182). If either side breaks it, the other can apply to the court for judgment for the unpaid balance or for the claim to be restored. Read the guide
#What happens if I do not attend the mediation appointment?
The judge must consider whether a sanction is appropriate at the final hearing. Sanctions can include your case being struck out or having to pay costs even if you win. An explanation for not attending is required and will be taken into account. Read the guide
#Can the judge be told what was said in mediation?
No. You cannot mention what happened during the mediation appointment in court. The court is told only whether the parties attended and whether the claim settled. Read the guide
#Will going to mediation delay my hearing?
No. HMCTS states that you will not have to wait longer for a court hearing if you go to mediation first. If the claim does not settle it must be allocated to a track within four weeks of the last directions questionnaire being filed. Read the guide
The small claims hearing
#How much notice of a small claims hearing will I get?
At least 21 days, unless the parties agree to accept less (CPR 27.4(2)). Documents must be filed and served at least 14 days before the hearing and the hearing fee is normally due 28 days before it. Read the guide
#Is a small claims hearing in a courtroom?
Usually not. A hearing at court is generally in the judge’s room, although it may take place in a courtroom. It is informal: the strict rules of evidence do not apply and evidence need not be given on oath. Read the guide
#Do I need a solicitor for a small claims hearing?
No. You may present your own case, and a lay representative such as a friend may speak for you. Legal costs are generally not recoverable in small claims, so most parties represent themselves. Read the guide
#What happens if the defendant does not turn up?
If the defendant neither attends nor gives written notice at least 7 days beforehand, the court may decide the claim on the basis of your evidence alone (CPR 27.9(3)). The defendant can apply within 14 days to set the judgment aside, but only with a good reason for not attending and a reasonable prospect of success. Read the guide
#Can I use an expert’s report?
Only with the court’s express permission given beforehand (CPR 27.5). Recoverable expert fees are capped at £750 per expert. Read the guide
#When will I get the decision?
Normally at the end of the hearing, with brief oral reasons. The court also sends a copy of the decision by post. Read the guide
#How do I appeal a small claims decision?
You need permission to appeal, which may be sought from the judge at the hearing or from the appeal court in the appeal notice. File form N164 within 21 days of the decision. Permission is granted only if the appeal has a real prospect of success or there is some other compelling reason. Read the guide
#Will the judgment appear on the CCJ register?
A judgment after a contested hearing is registered only if an order for payment by instalments is made or applied for, or the creditor takes a step to enforce it. A default judgment, by contrast, is registered as soon as it is entered. Read the guide
Costs in small claims: what you can recover
#If I win my small claim, can I get my solicitor’s fees back?
Generally no. CPR 27.14(2) limits recoverable costs to court fees, travel, loss of earnings up to £95 a day, expert fees up to £750, fixed issue costs and a few other items. Legal fees are recoverable only where the court finds the other party behaved unreasonably. Read the guide
#Can I claim for my own time as a litigant in person?
Not as a matter of course. The £24 an hour rate for self-represented litigants in PD 46 is not on the CPR 27.14 list and applies only if the court makes an unreasonable behaviour costs order or the claim is reallocated to another track. Read the guide
#Are court fees recoverable in a small claim?
Yes. Any court fees paid by the winning party are recoverable under CPR 27.14(2)(c), including the issue fee, the hearing fee and application fees. Enforcement fees are added to the judgment debt. Read the guide
#Can I recover the fixed costs of issuing the claim if I have no solicitor?
It is unsettled. CPR 27.14(2)(a) allows the PD 45 Table 2 fixed costs (£50 to £110) but Table 2 is framed as legal representatives’ charges, and no rule or official guidance says whether a litigant in person can claim them. Read the guide
#What counts as unreasonable behaviour?
The rules do not define it. Pointers include failing to attend the HMCTS mediation appointment (CPR 27.14(2A)), refusing or ignoring an invitation to ADR before issue, and non-compliance with pre-action steps. Rejecting a settlement offer is not of itself unreasonable but may be taken into account. Read the guide
#Do Part 36 offers work in small claims?
No. Part 36 does not apply to the small claims track (CPR 27.2(1)(g)). A written offer can still be shown to the court on the question of unreasonable behaviour under CPR 27.14(3). Read the guide
#Can I add debt collection agency commission to the claim?
Not as costs. A business claiming from another business may claim the Late Payment Act fixed sum (£40, £70 or £100) and reasonable recovery costs above it as part of the debt. Commission on a consumer debt cannot be added to what the debtor owes. Read the guide
Enforcing a county court judgment
#Does the court chase the debtor for me after judgment?
No. The judgment records the debt; the court takes no step to collect it unless you apply for a method of enforcement and pay the fee for that method. Read the guide
#Which enforcement method should I use for a small claim?
It depends on the debtor. An employed individual points to an attachment of earnings order; a known bank account to a third party debt order; goods or vehicles to a warrant or writ of control; property to a charging order. If you know nothing, an order to obtain information (£69) makes the debtor answer on oath. Read the guide
#Can I use two enforcement methods at the same time?
Yes. CPR 70.2(2) lets a judgment creditor use any available method and more than one, at the same time or one after another. A warrant against goods does, however, need the court's permission while an attachment of earnings order is in force. Read the guide
#The judgment says pay by instalments. Can I enforce now?
Only after the debtor misses an instalment. A warrant cannot issue until there has been a default (County Courts Act 1984 s.86), and an attachment of earnings order also requires a missed payment. Read the guide
#How long do I have to enforce a judgment?
A warrant or writ of control can be issued without permission for six years from the judgment; after that you must apply for permission and explain the delay (CPR 83.2). Limitation Act 1980 s.24 also bars a fresh action on the judgment after six years. Read the guide
#Does my judgment earn interest while unpaid?
Only if the county court judgment is for £5,000 or more, when it carries interest at 8% a year. Smaller judgments carry no statutory interest after judgment, although a judgment transferred to the High Court is issued for interest from the date of transfer per form N293A. Read the guide
#What do I do when the debtor pays?
Tell the court and any enforcement agent immediately. When the debtor applies for a certificate of satisfaction or cancellation on form N443, your signed statement that the debt is paid is enough evidence; if you do not respond to the court within a month, the certificate issues anyway. Read the guide
#Is it worth enforcing against someone on benefits with no assets?
Usually there is little practical prospect. Benefits are not earnings for an attachment of earnings order, basic household goods are exempt from seizure, and a third party debt order would face a hardship application. Agreeing instalments may recover more than enforcement. Read the guide
Bailiffs and High Court enforcement
#Can I send bailiffs for a debt under £600?
Yes, but only county court enforcement agents, using a warrant of control on form N323 (£96). The High Court route is not available below £600, and no warrant at all can be issued for £10 or less. Read the guide
#My judgment is for £6,000. Which court enforces against goods?
The High Court. A non-Consumer Credit Act judgment of £5,000 or more being enforced against goods must be transferred on form N293A (£82) and enforced by a High Court Enforcement Officer. Attachment of earnings, third party debt and charging orders still go through the county court. Read the guide
#How much notice does the debtor get before a visit?
At least 14 clear days from 1 May 2026, not counting Sundays, bank holidays, Good Friday or Christmas Day. A debt advice provider acting for the debtor can ask for that to be extended to 28 clear days on a non-business debt. Read the guide
#Can enforcement agents force their way into a home?
No. At a home they may enter only through a door and only if someone lets them in or a door is unlocked, between 6am and 9pm. Reasonable force to enter is allowed only at trade or business premises without living accommodation, or with a further court warrant. Read the guide
#What goods cannot be taken?
Basic household items such as a cooker or microwave, fridge, washing machine, beds, bedding, dining table and chairs and a phone; tools, books, computer equipment and vehicles needed for the debtor's work up to £1,350 in total; pets and assistance dogs; and anything belonging to someone else or on hire purchase, lease or finance. Read the guide
#Who pays the enforcement agent's fees?
The regulations allow the agent to recover the fees from the debtor, out of proceeds. If a High Court writ recovers nothing, the officers' association says the creditor pays an abortive fee of £79 plus VAT, having already paid the £82 court fee. Read the guide
#How long does a warrant last?
Twelve months from the date of the notice of enforcement. The court can extend it once by a further 12 months if you apply on form N244. Read the guide
#The debtor has offered instalments to stop the warrant. What happens?
The debtor applies on form N245 with a statement of means. You have 14 days to object on form N246A; if you do not, a court officer may suspend the warrant on those terms. If the debtor later defaults, you can have the warrant reissued on form N445 without a further fee. Read the guide
Attachment of earnings, third party debt and charging orders
#Can I get an attachment of earnings order against a self-employed debtor?
No. The order is directed to an employer who pays the debtor wages, salary, an occupational pension or statutory sick pay. A self-employed person, a company and someone living on benefits have no earnings to attach, so another method is needed. Read the guide
#Do I need to know the debtor's bank account number for a third party debt order?
Not necessarily, but you must say what you know, where your belief comes from, and give evidence that the debtor has an account with that bank. PD 72 para 1.3 says the court will not grant speculative applications, so a guess at the bank is not enough. Read the guide
#Does a third party debt order catch money paid into the account later?
In practice, no. The bank reports the balance on the day it is served with the interim order and must keep that sum, up to the amount specified, until the hearing. Later credits are not frozen, which is why many creditors time service for just after pay day. Read the guide
#Will a charging order get me paid?
Not by itself. It secures the debt against the property, so you are paid when the property is sold or remortgaged. Forcing a sale needs a separate Part 8 claim under CPR 73.10C and is at the court's discretion; for an ordinary small-claim debt there is no statutory minimum, but the court decides. Read the guide
#Can I use more than one enforcement method at once?
Yes. CPR 70.2(2) allows any available method, and more than one at the same time or in turn. The one restriction to note is that a warrant against goods needs the court's permission while an attachment of earnings order is in force. Read the guide
#Is there a minimum debt for these orders?
An attachment of earnings order cannot be made if the debt or the balance outstanding is under £50 (CPR 89.7(14)). There is no statutory minimum for a third party debt order or a charging order on an ordinary debt; the £1,000 floor for an order for sale applies only to Consumer Credit Act regulated debts. Read the guide
#What does the bank charge when it is served with a third party debt order?
A deposit-taking institution may deduct £55 for its expenses under the Attachment of Debts (Expenses) Order 1996. The debtor's account bears that charge. Read the guide
#What happens if the debtor ignores the attachment of earnings reply form?
The court officer can order the debtor to file a statement of means, served personally with a penal notice. Continued default is transferred to the debtor's home court, where the debtor must show why they should not be imprisoned; a committal order is normally suspended so long as they comply. Read the guide
The CCJ register and certificates of satisfaction
#Does every county court judgment go on the register?
No. Default judgments and judgments on admission are registered at once. A judgment after a contested hearing is registered only if instalments are ordered or applied for, or the creditor takes an enforcement step, applies for an order to obtain information or asks for a certificate of judgment. Read the guide
#How long does a CCJ stay on the register?
Six years from the date of the judgment, whether or not it is paid. If it is paid in full within one month of the judgment the entry is cancelled altogether; if paid later it is marked satisfied but remains for the six years. Read the guide
#The debtor has paid me. Do I have to do anything?
The register does not update itself. The debtor applies on form N443 with a £19 fee, and your signed statement that the debt has been paid counts as sufficient evidence. If the court writes to you to confirm payment and you do not reply within a month, the certificate is issued anyway. Read the guide
#How much does it cost to search the register?
Between £6 and £10 per search through Trust Online, the service run by Registry Trust Limited. Entries show whether the judgment is satisfied or unsatisfied. Read the guide
#What if I accept less than the full amount in settlement?
"Satisfied" means paid in full, so record the compromise in writing and include your signed confirmation that the judgment is to be treated as satisfied. The debtor can then use that statement with form N443 to have the entry endorsed. Read the guide
#What happens to the entry if the judgment is set aside?
Where a judgment is set aside or reversed the court asks Registry Trust to cancel the entry (reg 11(2)(b)). A default judgment can be set aside under CPR 13.3 if the defendant shows a real prospect of defending or some other good reason and applies promptly; the application fee on form N244 is £321. Read the guide
#Will my own name appear on the register as the claimant?
For judgments from 20 July 2026, yes: SI 2026/697 requires the claimant's full name to be recorded, subject to anonymity exceptions, and it becomes visible to searchers after the transitional period ending 19 October 2026. It records you as the creditor, not as a debtor. Read the guide
#Why does the register matter if the debtor has nothing I can enforce against?
Because an unsatisfied judgment stays visible to lenders and credit reference agencies for six years and makes loans, mortgages and other credit harder to obtain. For a debtor with no seizable goods or attachable wages, the wish to clear that entry is often the main reason they eventually pay. Read the guide
Debt collection agencies: what they can and cannot do
#How much does a debt collection agency charge?
Usually a commission on what it recovers: typically 5–15% for commercial debts and up to around 20–25% for older, smaller or consumer debts. Some agencies also charge set-up, administration or letter fees, and most set a minimum debt size of £500 to £1,000 or more. Read the guide
#Can a debt collection agency send bailiffs?
No. An agency has no powers beyond those of the creditor. Only an enforcement agent (bailiff) acting under a court warrant or writ, issued after a judgment, can take control of goods. Read the guide
#Does a debt collection agency need to be FCA-authorised?
Only if it collects debts due under credit agreements, consumer hire agreements or peer-to-peer loans. On a reading of article 39F of the Regulated Activities Order, collecting an ordinary invoice or personal loan is not a regulated activity, so such an agency need not be on the FCA register. Read the guide
#Can the agency sue the debtor in its own name?
Only if you have assigned the debt to it in writing under the Law of Property Act 1925 s.136 and the debtor has been given written notice. Otherwise the debt remains yours and any court claim must be in your name. Read the guide
#What if the debtor disputes the debt?
The agency will normally stop. Regulated collectors must suspend recovery once a debt is disputed on valid grounds, and CSA members must pause while investigating. A disputed debt has to be proved in court, and that burden stays with you. Read the guide
#Am I responsible if the agency harasses the debtor?
You can be. The Administration of Justice Act 1970 s.40(2) makes anyone who concerts with others in harassing demands guilty of the offence, and FCA rules make a regulated creditor responsible for steps its agent takes. Read the guide
#What is a cheaper alternative to an agency for a single debt?
A fixed-fee solicitor's letter before action (roughly £20–£100 plus VAT for a template, £150–£550 plus VAT bespoke) or the county court claim itself, where the issue fee for a claim up to £10,000 is £35 to £455 and is added to the judgment if you win. Read the guide
Small claims glossary
#What is the difference between a bailiff and a debt collector?
An enforcement agent (bailiff) acts under a court warrant or writ and can take control of goods within strict rules. A debt collection agency works for the creditor on commission and has no more power than the creditor: it cannot enter a home or seize anything. Read the guide
#What does 'specified amount' mean?
A fixed sum of money, such as an unpaid invoice or loan. The online claim services can only be used for a specified amount; a claim for damages the court must assess is 'unspecified' and goes on paper. Read the guide
#What is a CCJ?
A county court judgment for the payment of money. Default judgments and admissions are recorded on the public Register of Judgments, Orders and Fines for six years unless paid within a month of the judgment. Read the guide
#Where do I find the court forms?
All N-forms are free on gov.uk, searchable by number (for example 'form N323'). Paper forms for a money claim go to the Civil National Business Centre in Northampton unless the court tells you otherwise. Read the guide
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