Be Small Claims Wise guides › Small claims glossary

Small claims glossary

Court forms and rules use words with precise meanings. This glossary explains the terms that appear in the Be Small Claims Wise guides and in the letters and forms you will receive, grouped by stage of a claim.

Checked against official sources on 30 September 2026. Court fees from 13 July 2026; enforcement agent fees from 1 May 2026.

Before a claim

Letter before claim. The letter a claimant sends before starting proceedings, setting out the basis of the claim, a summary of the facts, what is wanted and how the money is calculated. The Practice Direction on Pre-Action Conduct expects a reply within 14 days in a straightforward case; a business claiming a debt from an individual follows the Pre-Action Protocol for Debt Claims and allows 30 days. See letter before claim.

Pre-action protocol. Rules of conduct the court expects parties to follow before issuing a claim. The Pre-Action Protocol for Debt Claims applies where a business (including a sole trader) claims a debt from an individual; in other cases the general Practice Direction on Pre-Action Conduct applies. Ignoring them can lead to a stay, costs orders or a reduction in interest.

Limitation period. The time within which a claim must be brought. For a debt or other simple contract claim it is six years from the date the cause of action accrued (Limitation Act 1980 s.5). See time limits.

Specified amount. A fixed sum of money, such as an unpaid invoice or loan, as opposed to an amount the court must assess (for example damages). Online Civil Money Claims and Money Claim Online can only be used for a specified amount.

Settlement agreement. A binding agreement to resolve the dispute, usually for payment of a sum by a date or by instalments. A settlement reached through the HMCTS Small Claims Mediation Service is recorded on form N182; if the debtor defaults, the claimant can apply for judgment for the unpaid balance without a trial.

Without prejudice. Words put on a letter or offer to show it is an attempt to settle rather than an admission of what is owed. Part 36 offers do not apply to small claims, but the court may take a party's rejection of an offer into account when deciding whether they behaved unreasonably on costs (CPR 27.14(3)).

Mediation. A process in which an independent person helps the parties reach their own agreement. Defended small claims for a specified sum are automatically referred to the free HMCTS Small Claims Mediation Service, a one-hour telephone appointment, under Practice Direction 51ZE (a pilot running to 6 April 2027). See mediation.

Debt collection agency. A private business that chases debts for a creditor on commission. It has no more legal power than the creditor and cannot seize goods. See debt collection agencies.

Starting a claim

Claimant. The person or business starting the claim; in a small claim, the one who says they are owed money.

Defendant. The person or business the claim is made against.

Claim form. The document that starts a claim: paper form N1, or the online form in Online Civil Money Claims or Money Claim Online. It names the parties, states the amount claimed and carries a statement of truth.

Particulars of claim. The statement of the facts relied on and what is claimed. In a small claim they are usually set out on the claim form itself; if served separately, within 14 days after the claim form.

Issue. The court's formal act of starting the claim, when it seals the claim form and gives it a claim number. The date of issue starts the four-month period for service and, for online claims, the defendant's time to respond.

Online Civil Money Claims. The gov.uk 'Make a money claim' service (Practice Direction 51R): one claimant against one defendant, for a specified sum up to £25,000, where both have a postal address in England or Wales. Claims are served by the court and the defendant has 28 days from issue to respond.

MCOL. Money Claim Online, the older online service at moneyclaim.gov.uk, now used mainly for specified claims of £25,001 to £100,000 or against two defendants. It cannot be used with Help with Fees. The claim form is deemed served on the fifth day after issue.

Civil National Business Centre. The HMCTS centre at St Katharine's House, 21–27 St Katharine's Street, Northampton NN1 2LH that issues paper money claims on form N1 and processes many applications, including attachment of earnings and charging order applications.

Help with Fees. The scheme (form EX160 or the online service) that waives or reduces court fees for people with savings under £4,250 (£16,000 if aged 66 or over) and gross monthly income within £1,420 for a single person or £2,130 for a couple, plus £425 per child aged 13 or under and £710 per child aged 14 or over. See Help with Fees.

Statement of truth. The declaration on a claim form, defence or witness statement that the maker believes the facts stated are true, with a warning that contempt proceedings may follow a false statement made without an honest belief in its truth (CPR Part 22).

Service. Formally delivering a court document to the other party by a method the rules allow. The court normally serves the claim form by first class post; the claimant may ask to serve it instead.

Personal service. Handing the document to the individual, or to a person holding a senior position in a company, or to a partner or manager of a partnership (CPR 6.5). Often done by a process server. See process servers and tracing agents.

Deemed service. The date the rules treat a document as served, whatever the actual delivery date. A claim form posted first class is deemed served on the second business day after posting (CPR 6.14); other documents on the second day after posting if a business day.

Business day. Any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day (CPR 6.2). Deadlines expressed in business days skip those days.

Alternative service. Service by a method or at a place not otherwise permitted, such as a WhatsApp message or a relative's address, authorised by a court order under CPR 6.15 on evidence that the method is likely to reach the defendant. See serving by WhatsApp, Facebook or Instagram.

Certificate of service. Form N215, on which a claimant who served a document confirms what was served, on whom, when, where and how. It must be filed within 21 days of serving the particulars of claim, and default judgment cannot be obtained without it (CPR 6.17).

CPR. The Civil Procedure Rules 1998, the rules governing civil cases in the county court and High Court in England and Wales, divided into numbered Parts. Small claims are governed mainly by Part 27.

Practice direction. Official guidance that supplements a Part of the CPR and has the same binding effect. Practice Direction 27A covers small claims; Practice Direction 51R governs Online Civil Money Claims.

Responding and judgment

Acknowledgment of service. The form (in the N9 response pack) by which a defendant tells the court they have received the claim and intend to defend or contest jurisdiction. Filing it within 14 days extends the time for a defence to 28 days after service of the particulars of claim.

Admission. A defendant's acceptance that the money is owed, on form N9A, often with a proposal to pay by instalments and a statement of means. The claimant can accept the proposal or ask the court to decide the rate.

Defence. The defendant's written answer to the claim, on form N9B or online, saying which parts of the claim are disputed and why. Due 14 days after service of the particulars, or 28 days if an acknowledgment of service was filed.

Default judgment. Judgment entered without a trial because the defendant failed to file an acknowledgment of service or a defence in time (CPR Part 12). Requested on form N225 (specified amount) or N227 (amount to be decided), or online. See default judgment.

Judgment. The court's decision that one party owes the other money (or otherwise). A judgment can be entered by default, on admission or after a hearing, and may order payment immediately or by instalments.

County court judgment (CCJ). A judgment of the county court for the payment of money. Default judgments and admissions are recorded on the Register of Judgments, Orders and Fines; a judgment after a contested hearing is registered only if instalments are ordered or enforcement steps taken. See the CCJ register.

Set aside. Cancelling a judgment. A default judgment must be set aside if it was wrongly entered, and may be set aside if the defendant shows a real prospect of defending or some other good reason and applies promptly (CPR Part 13); the application is on form N244 with a £321 fee.

Directions questionnaire (N180). The form each party completes after a defence is filed, giving contact details, agreeing the track, dates to avoid, witnesses and hearing centre. In online claims it is completed online. Failure to return it leads to a warning and then strike-out.

Allocation. The court's decision which track a defended case follows. The small claims track is the normal track for claims of not more than £10,000 (CPR 26.9); the court allocates once the directions questionnaires are in or the mediation period has ended.

Small claims track. The simplified procedure for most claims of £10,000 or less: informal hearings, limited costs recovery and no expert evidence without permission (CPR Part 27). See how small claims work.

Stay. A halt in the proceedings. Online claims are stayed for 28 days to allow mediation; a claim settled at mediation is stayed with permission to apply for judgment for any unpaid balance; and the court may stay a claim where a pre-action protocol has been ignored.

Part 23 application. A formal request to the court for an order during the case, made on application notice N244 with evidence. The fee from 13 July 2026 is £126 if made without notice or by consent and £321 if made on notice.

Interim order. A provisional order made before the other side has been heard, to be confirmed or discharged at a later hearing. An interim third party debt order freezes the debtor's account; an interim charging order places a provisional charge on property.

The hearing

Final hearing. The final hearing of a small claim, held informally, often in the judge's room, without the strict rules of evidence. The judge may question witnesses first and limit cross-examination, and must give reasons (CPR 27.8). See the hearing.

Hearing fee. The fee payable by the claimant when the court fixes a hearing date: from £27 for claims up to £300 to £346 for claims over £3,000. It is due 28 days before the hearing where 36 or more days' notice was given, and is not refunded once paid.

Litigant in person. A party who conducts their own case without a solicitor or barrister. Most small claims parties are litigants in person. Costs for their time, where allowed at all, are at £24 an hour (PD 46).

Fixed costs. The limited sums a winning party can recover in a small claim: the court fees paid, fixed costs on issue, reasonable travel and subsistence, loss of earnings up to £95 a day per person and expert fees up to £750 (CPR 27.14, PD 27A). See costs in small claims.

Enforcement

Enforcement agent (bailiff). An officer authorised to take control of and sell a debtor's goods under a warrant or writ of control. County court enforcement agents are HMCTS staff. They must give at least 14 clear days' notice, may enter only through a door between 6am and 9pm, and cannot take basic household items or tools of the trade worth up to £1,350. See bailiffs and High Court enforcement.

High Court Enforcement Officer. A privately run enforcement officer authorised to execute High Court writs of control. A county court judgment of £600 or more (not a Consumer Credit Act debt) can be transferred to the High Court on form N293A; judgments of £5,000 or more being enforced against goods must be.

Warrant of control. The county court order (form N323, fee £96) authorising enforcement agents to take control of the debtor's goods. Available only for sums under £5,000 (any amount for Consumer Credit Act debts) and not for £10 or less.

Writ of control. The High Court equivalent of a warrant of control, sealed for a fee of £82 after transfer on form N293A and executed by a High Court Enforcement Officer.

Controlled goods agreement. A written agreement under which the enforcement agent takes control of goods but leaves them with the debtor on condition that they are not removed or sold while the debt is paid, usually by instalments. Breach allows the agent to remove the goods.

Attachment of earnings order. A court order (form N337, fee £139) requiring the debtor's employer to deduct a sum from wages each pay day and send it to the court. Only available against an employed individual owing at least £50. See attachment of earnings, third party debt and charging orders.

Third party debt order. A court order (form N349, fee £139) requiring a third party who owes the debtor money, usually a bank, to pay it to the creditor instead. It catches the balance in the debtor's sole-name account on the day the bank is served.

Charging order. A court order (form N379 for land, fee £139) securing the judgment debt against the debtor's property, registered at HM Land Registry. It produces payment when the property is sold or remortgaged; an order for sale is a separate claim.

Order to obtain information. A court order (form N316 for an individual, N316A for a company officer, fee £69) requiring the debtor to attend court and answer questions on oath about their income, assets and outgoings so the creditor can choose an enforcement method (CPR Part 71).

Breathing Space. A period during which a debtor is temporarily protected from their creditors. If you are told the debtor has a Breathing Space, you cannot enforce the judgment until it ends.

Register of judgments. The Register of Judgments, Orders and Fines, kept by Registry Trust Limited, on which county court judgments are recorded for six years. It can be searched at Trust Online for £6 to £10.

Certificate of satisfaction. The certificate confirming a registered judgment has been paid, obtained by the debtor on form N443 for £19. Paid within one month of judgment, the entry is cancelled (certificate of cancellation); paid later, it is marked satisfied.

Statutory demand. A formal written demand for a debt that, if unpaid after 21 days, can found a bankruptcy petition against an individual owing £5,000 or more, or a winding-up petition against a company owing more than £750. It is a route to insolvency, not a money judgment, and the courts treat a winding-up petition on a genuinely disputed debt as an abuse of process.

People and places

Process server. A person paid to deliver court documents personally and provide a statement or certificate of service; also used to prove attempts at service when applying for alternative service.

Citizens Advice, National Debtline and StepChange. Free, independent sources of advice. Citizens Advice (0800 144 8848 in England, 0800 702 2020 in Wales) helps with court process and money problems; National Debtline (0808 808 4000) and StepChange (0800 138 1111) give free debt advice. Use find help near me for local services.

ClaimsBot. The chatbot in Be Small Claims Wise that answers questions about these guides. It gives information, not legal advice: ask ClaimsBot.

N-forms at a glance

The court forms most often met in a small claim. All are free to download from gov.uk.

Sources

• Civil Procedure Rules and Practice Directions (justice.gov.uk)
• GOV.UK – Make a court claim for money
• CPR Part 27 – Small claims track
• GOV.UK – Make a court claim for money: Enforce a judgment
• GOV.UK – Your rights when a bailiff visits
• Civil court fees (EX50), updated 13 July 2026
• Register of Judgments, Orders and Fines Regulations 2005