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How to use the small claims track: a step-by-step guide — Articles

The small claims track is the informal arm of the County Court for disputes up to £10,000. Costs are capped, jargon is minimal, and most hearings last under an hour. You do not need a solicitor to use it — but you do need to follow the right steps.

Step 1 — Send a letter before action

Before issuing a claim you must write to the other side setting out your claim and giving them a reasonable time to respond — usually 14 days for straightforward claims, 30 days for more complex ones. This is a pre-action requirement under the Pre-Action Conduct Practice Direction. Failure to do this can result in cost penalties even if you win.

Step 2 — Issue the claim

Use the Money Claim Online (MCOL) service on GOV.UK for money claims up to £100,000, or complete Form N1 for a paper claim. The court fee depends on the amount claimed — the current fee table is on GOV.UK. For a £5,000 claim the fee is £205; for £10,000 it is £455.

Step 3 — Serve the claim and wait for a response

The court serves the claim form on the defendant. The defendant has 14 days to acknowledge service and 28 days from service to file a defence. If they do not respond, you can ask for a default judgment.

Step 4 — Directions questionnaire

Once a defence is filed, both parties complete a directions questionnaire (Form N180). The court uses this to allocate the claim to the correct track and set a hearing date.

Step 5 — The hearing

Small claims hearings are informal. The judge will read the papers and hear both sides. Bring all your evidence in a logical order. Costs recovered are very limited — usually only the court fee and travel expenses. The full procedure is in CPR Part 27. Citizens Advice has a companion guide to preparing for a small claims hearing.

Step 6 — After judgment

Winning a judgment does not guarantee payment. If the defendant does not pay, you must enforce it. Options include a warrant of control (bailiff), attachment of earnings, or a third party debt order. See the GOV.UK enforcement guide for the steps to take.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.