Is it worth suing? An honest checklist

A claim is only worth starting if there is a realistic prospect of turning a judgment into money. This guide sets out the questions many claimants ask before paying an issue fee: can the debtor actually pay, what will it cost in fees and time, what will you never get back, and what else you could try.

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

Key facts

A judgment is a court order, not a payment; enforcing it costs a further £69 to £139 in court fees and the court cannot guarantee recovery.
You can recover court fees and limited expenses from a losing defendant, but not your own time, a solicitor’s bill or tracing costs (CPR 27.14).
A contract debt must be claimed within six years (Limitation Act 1980 s.5); a written, signed acknowledgment or a part payment restarts the clock.
If the claim is defended, the median wait from issue to trial was 41.0 weeks in April to June 2026; an undefended online claim reaches judgment much faster.
A default judgment goes on the public register for six years unless paid within one month, which is often the strongest incentive to pay.

Can they pay? A judgment is not money

The first question is not whether you would win but whether you would be paid. A county court judgment records that the defendant owes you the money; it does not collect it. If the defendant does not pay, you choose an enforcement method and pay another fee, and HMCTS itself warns that the court cannot guarantee you will get your money back. See enforcing a judgment.

Some situations rarely produce money:

The debtor lives on benefits and has no assets. Benefits are not ‘earnings’, so an attachment of earnings order is not available; basic household goods are exempt from an enforcement agent (bailiff); and a third party debt order against a bank account can be met with a hardship application. The register entry may be the only practical consequence for the debtor.
The debtor is a company that has been dissolved. A dissolved company cannot be sued until it is restored to the register, which needs a separate court application (form N208) with a court fee of £326 (from 13 July 2026) and the Registrar’s costs usually around £300. For a small claim that cost is likely to exceed the debt. A company in compulsory liquidation cannot be sued without the court’s permission.
You do not know where the debtor is. Online Civil Money Claims needs a postal address in England or Wales, and service elsewhere needs a court order or a paper claim. See finding someone’s address.

Cheap checks help: Companies House shows a company’s status and registered office free; a search of the Register of Judgments, Orders and Fines (£6 to £10) shows whether other creditors already have unpaid judgments against the same person. The enforcement chooser shows which methods fit what you know about the debtor.

What the debtor stands to lose

Set against that, a judgment has real teeth for anyone who needs credit, a mortgage, a tenancy or a job that checks credit. A default judgment or a judgment on admission is sent to the Register of Judgments, Orders and Fines at once (a judgment after a contested hearing is registered only if instalments are ordered or applied for, or enforcement starts). The entry is removed only if the whole debt is paid within one month of the judgment; paid later, it stays for six years marked ‘satisfied’. Registry Trust passes the data to credit reference agencies. See the CCJ register.

For a debtor who is working, owns property or runs a business, the enforcement tools bite: deductions from wages, a freeze on a bank balance, a charge over a house, or an enforcement agent’s visit.

Are you in time?

A claim on a simple contract, which covers most unpaid debts, must be brought within six years of the date the cause of action accrued (Limitation Act 1980 s.5). If the debtor has acknowledged the debt in writing and signed it, or made a part payment, time runs again from that date (s.29(5) and s.30), but a debt that is already statute-barred cannot be revived. Debts approaching six years old need urgent attention, and in Online Civil Money Claims a claim counts as brought only when it is issued. See time limits.

What you cannot recover, even if you win

On the small claims track CPR 27.14 limits what the loser can be ordered to pay the winner to: the fixed costs attributable to issuing the claim, court fees paid, reasonable travel and overnight expenses for a hearing, loss of earnings or leave up to £95 a day per person, an expert’s fee up to £750, and further costs only against a party who has behaved unreasonably. That means you will usually not recover:

Your own time spent preparing the claim. The £24 an hour litigant-in-person rate is not part of the small claims list and would only come into play if the court made an unreasonable-behaviour costs order.
A solicitor’s fees for advice, a letter or representation (beyond a capped sum in injunction cases).
Tracing agent, process server or debt collection agency charges, which are not among the items the court may award.

The same rule protects you if you lose: the defendant cannot recover a lawyer’s bill from you either. See costs in small claims.

What you can add to the claim is interest, usually at 8% a year under County Courts Act 1984 s.69, and for business-to-business debts the Late Payment of Commercial Debts (Interest) Act 1998 rate (8% above Bank Rate: 11.75% for interest starting to run in 2026, and only for the unpaid price of goods or services) plus a fixed sum of £40, £70 or £100. See interest on a debt.

Total cost and time

Fees from 13 July 2026, added to what the debtor owes if you win, but paid by you up front:

Stage	Fee	When
Issue fee	£35 to £455 by value of claim plus interest	On issue
Hearing fee	£27 to £346 by value	Only if the claim is defended and listed for a hearing; not payable if settled before it falls due
Enforcement	£96 warrant of control; £139 attachment of earnings, third party debt order or charging order; £69 order to obtain information; £82 High Court writ	Only if the debtor does not pay after judgment

Help with Fees can remove or reduce court fees for people on a low income with savings under £4,250; see help with fees. Enforcement agents’ own fees (£79 compliance stage and £247 enforcement stage for a county court warrant) are added to the debt and recovered from the debtor, but a High Court enforcement officer will usually charge you the £79 compliance fee plus VAT if nothing is recovered.

On time: an undefended claim issued online can reach default judgment within weeks; a paper request for judgment waits about 27 working days before processing begins. A defended claim took a median of 41.0 weeks from issue to trial in April to June 2026. After judgment, a warrant needs at least 14 clear days’ notice before an enforcement agent can act, and a third party debt order takes at least 28 days to a final hearing. See how long a small claim takes; the interest and fee calculator gives the figures for your own claim.

Sometimes it is not worth it

Where the debt is small, the debtor has no traceable income or assets, or the six-year limit has passed, many claimants conclude that the issue fee and the hours involved are better not spent. That is a legitimate decision, not a failure. A judgment against someone who cannot pay is a piece of paper, and the fees to obtain and enforce it are not refunded.

The balance often tips the other way where the debtor is in work or in business, owns property, or needs to protect their credit record. For many of those debtors the letter before claim, or the claim form arriving, is enough.

Alternatives to issuing a claim

A payment plan. The pre-action rules encourage instalments based on what the debtor can afford, and settlement should be considered at every stage. A written plan, kept to, can be better than a judgment that is never paid, and if the debtor breaks it you can still claim.
A firmer letter. A compliant letter before claim is required anyway and the Start my claim tool generates one. A fixed-fee solicitor’s letter costs roughly £20 to £100 plus VAT for a template from a debt-recovery firm, or £150 to £550 plus VAT for a bespoke letter, and that cost is not recoverable.
A debt collection agency, mainly for business debts. Agencies typically charge commission of around 5% to 15% of what they recover for commercial debts (10% is a common headline rate), more for older or consumer debts; for consumer debts the commission cannot be added to the debt. Agencies have no powers a creditor lacks, and a disputed debt comes straight back to you to prove in court. See debt collection agencies.

To think through your own case, ask ClaimsBot or find help near me.

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Sources

Quick answers

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.

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.

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.

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.

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.

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.

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.