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Time limits for a small claim

Most small claims are for money due under a contract, and the law gives you six years from the date the money became due to start a claim. Other clocks run inside the case: four months to serve the claim form, and six years to enforce a judgment without permission.

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

Six years for a contract debt

Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after six years from the date on which the cause of action accrued. An unpaid invoice, a loan between friends, a deposit not returned or goods not delivered are all simple contract claims. The Act does not define when a debt claim accrues; in a debt claim it is generally treated as the date the money became due for payment, for example the due date on the invoice or the date the loan was repayable, not the date of the last reminder.

If the six years have passed, the debtor can raise limitation as a defence and the claim will fail. Gov.uk notes the same limit for statutory demands: debts over six years old cannot usually be demanded that way. Limitation is a defence the defendant must raise; the court does not check it for them, but a defendant who takes advice is likely to be told about it.

What restarts the clock, and what does not

Section 29(5) provides that where the person liable for a debt acknowledges the claim or makes any payment in respect of it, the right of action is treated as having accrued on the date of the acknowledgment or payment. So six years run afresh from:

• an acknowledgment, which must be in writing and signed by the person making it or their agent (s.30). A message saying "I know I owe you the £800 and I will pay when I can" that the debtor has signed, or typed under their name in a form the court accepts as signed, may qualify; a verbal promise does not; or
• a part payment of the debt. A payment of interest counts as a payment in respect of the principal (s.29(6)).

The period can be extended repeatedly by further acknowledgments or payments, but s.29(7) is firm: a right of action, once barred, is not revived by any later acknowledgment or payment. So an acknowledgment received in year seven does not help. Keep the acknowledgment or the bank record of the part payment; it is what you will need to prove if the debtor pleads limitation.

When a claim counts as "brought"

The date that stops the limitation clock depends on how you start the claim.

Practice Direction 7A para 6.4 warns claimants near a limitation deadline to keep a record of the date the court received the form. Sending by a method that gives proof of delivery, and keeping a copy, is the simplest way to do that. See where and how to issue a claim.

Four months to serve the claim form

Issuing the claim is not the end of the timing rules. Under CPR 7.5(1) the claimant must complete the step required for the chosen method of service (posting, delivering, emailing where permitted) before midnight on the calendar day four months after the date of issue. Where the claim form is to be served out of the jurisdiction the period is six months (CPR 7.5(2)). In most small claims the court serves the claim form by post for you, and the claim form is deemed served on the second business day after posting (CPR 6.14); in Money Claim Online it is deemed served on the fifth day after issue.

An application to extend the four months must normally be made within the period (CPR 7.6). A late application succeeds only if the court failed to serve, or the claimant took all reasonable steps to serve but could not, and in either case acted promptly. Where the defendant's address is a problem, see finding someone's address and the guide on alternative service.

Deadlines inside the case

Once the claim is served, the rules set short deadlines for both sides. The deadline calculator works them out from your dates.

• Defendant's response. Paper and Money Claim Online claims: 14 days from service of the particulars to acknowledge, admit or defend, or 28 days for a defence if an acknowledgment is filed (CPR 10.3, 15.4); the parties may agree up to 28 more days. Online Civil Money Claims: 4pm on the 28th day after issue, extendable by agreement by up to 28 days.
• Directions questionnaire. At least 14 days after the notice of proposed allocation is deemed served (CPR 26.4); failure leads to a seven-day warning and then strike-out.
• Hearing fee. Payable at least 28 days before the hearing where the court gave 36 or more days' notice, otherwise within seven days of the notice.
• Documents for the hearing. Filed and served at least 14 days before the final hearing under the standard directions (CPR 27.4).
• After the hearing. A party who did not attend may apply to set the judgment aside within 14 days of service of notice of it (CPR 27.11); an appeal notice must be filed within 21 days of the decision (CPR 52.12).

Six years to enforce a judgment

A judgment does not last for ever either. Under CPR 83.2(3)(a) a writ or warrant of control must not be issued without the court's permission where six years or more have elapsed since the date of the judgment. The application is made under Part 23, may be without notice, and must state the amount originally due and now due and explain the delay. Limitation Act 1980 s.24 separately provides that no action may be brought upon a judgment after six years from the date it became enforceable, and that no arrears of interest on a judgment debt can be recovered more than six years after the interest fell due.

The other enforcement rules (orders to obtain information, third party debt orders, charging orders and attachment of earnings) contain no equivalent permission rule, but the court retains a discretion and delay will be examined. The practical lesson is the same at every stage: a claim or a judgment approaching six years old needs urgent action. See enforcing a judgment, or ask ClaimsBot about the dates in your case.

Sources

• Limitation Act 1980 s.5 – Time limit for actions founded on simple contract
• Limitation Act 1980 s.29 – Fresh accrual on acknowledgment or part payment
• Limitation Act 1980 s.30 – Formal provisions as to acknowledgments
• Limitation Act 1980 s.24 – Time limit for actions to enforce judgments
• Practice Direction 7A – How to start proceedings (paras 6.1 to 6.4)
• Practice Direction 51R – Online Civil Money Claims Pilot
• CPR Part 7 – How to start proceedings (rules 7.5 and 7.6)
• CPR Part 83 – Writs and warrants: general provisions (rule 83.2)