Making a small claim in the County Court: step by step

To claim money you are owed you apply to a county court, online or by post. Claims worth up to £10,000 are normally dealt with on the small claims track, which has a simpler, informal procedure and strict limits on the costs you can recover. Before issuing you should write a letter before claim, then the defendant must respond, mediation may be required, and if the claim is defended the court holds a hearing.

Updated 24 October 2026. General information only, not advice on your situation.

1. Write a letter before claim

The Practice Direction on Pre-Action Conduct says the court expects the parties to exchange information before proceedings. The claimant writes to the defendant with concise details of the claim, including the basis of the claim, a summary of the facts, what is wanted from the defendant and, if it is money, how the amount is calculated. The defendant should respond within a reasonable time, which the Practice Direction describes as 14 days in a straightforward case. Keep copies.

2. Check the track and the way to claim

The Civil Procedure Rules say the small claims track is the normal track for claims with a financial value of not more than £10,000, with special rules for personal injury and housing disrepair claims. GOV.UK says you can claim online unless, for example, you do not know how much you want to claim, there are 3 or more defendants, or the defendant has no address in England or Wales. Otherwise you claim by post using form N1. For a company or a business you will need a name and address; the online service also asks for an email address.

3. Issue the claim

You pay the court fee, or give a help with fees reference number if you have applied for it. The current fee table is on GOV.UK. Your claim is then sent to the defendant, who must respond; you will be sent a letter or email with the date they must respond by.

4. If the defendant does not reply or does not pay

GOV.UK says you can ask the court to order the defendant to pay by requesting a judgment: form N225 if you claimed a fixed (specified) amount using a claim form, or N227 for an unspecified amount. If you claimed online you request judgment through the online service.

5. Mediation

For a claim of £10,000 or less that the defendant disputes, GOV.UK says you will be told you must attend mediation, organised by the court at no cost, by telephone and lasting up to one hour. If you do not attend you will usually have to go to a court hearing instead. You can keep trying to settle at any stage.

6. Preparing for the hearing

The Civil Procedure Rules disapply some of the usual formal rules for small claims: Part 31 (disclosure and inspection), most of Part 32 (evidence) and Part 36 (offers to settle) do not apply. The court will normally give directions telling you what to send in and by when, such as copies of the documents you rely on and any witness statements. A short chronology and a clearly ordered set of documents help the judge enormously.

7. The hearing

Rule 27.8 says hearings are informal, the strict rules of evidence do not apply, the court need not take evidence on oath, and the court must give reasons for its decision. GOV.UK says you can represent yourself, pay a barrister or solicitor, ask someone to advise you in court (who does not have to be a lawyer) or, with the court's permission, ask someone to speak on your behalf. You usually get the decision on the day.

8. After judgment

GOV.UK says that you can appeal if you think the judge made a mistake, within 21 days of getting the decision. If the debtor does not pay, you can ask the court to collect, including asking for the debtor to attend court to give evidence of their means, or requesting bailiffs (a warrant of control). A court fee is payable for enforcement.

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Questions

What is the small claims limit?

Under the Civil Procedure Rules, the small claims track is the normal track for claims with a financial value of not more than £10,000, subject to special provisions for personal injury and housing disrepair claims.

Do I need a solicitor for a small claim?

No. You can represent yourself, and GOV.UK says you can also have someone who is not a lawyer advise you in court.

Can I recover my legal costs on the small claims track?

Only to a limited extent. Rule 27.14 stops the court ordering one party to pay another's costs except for specified items such as fixed issue costs, court fees, certain expenses and capped sums, or further costs if a party has behaved unreasonably.

Is mediation compulsory?

GOV.UK says that for a defended claim of £10,000 or less you will be told you must attend the court's free mediation appointment.

Official sources

Related guides

This guide is general information about the law and procedure in England and Wales. It is not legal advice and does not create a client relationship. Courtwise is not a firm of solicitors and is not regulated by the Solicitors Regulation Authority.