Short answer
If someone owes you money and has not paid after a formal demand, you can issue a County Court claim. For amounts up to £10,000 the small claims track is used — it is designed for people without lawyers, and the fee starts at £35.
You must send a letter before action and give the debtor a reasonable time to pay before issuing a claim. Skipping this step can result in cost penalties.
1 The rule
The right to bring a money claim in the County Court is set out in the County Courts Act 1984, and the procedure is governed by the Civil Procedure Rules. A claimant must follow the pre-action steps before issuing.
"A claim may be started in the County Court by issuing a claim form in accordance with Part 7 of the Civil Procedure Rules."Read the official text
Court fees are recoverable if you win. Late-payment interest at 8% per year under the County Courts Act 1984, s.69 can be claimed on top of the debt.
2 What you can do now
- Send a letter before action
Write to the debtor setting out what is owed, why, and giving 14 days to pay. Keep a copy and proof of postage. This is a requirement under the Pre-Action Conduct Practice Direction — courts expect it before any claim is issued.
- Issue the claim online or by paper
Use Money Claim Online (MCOL) at gov.uk/make-court-claim-for-money for claims up to £100,000, or complete Form N1 for a paper claim. Pay the court fee when you submit.
- Wait for the defendant's response
The defendant has 14 days to acknowledge service and 28 days from service to file a defence. If no response is received, apply for default judgment using Form N225 (fixed amount) or N227 (amount to be decided).
- Prepare for the hearing
If the defendant defends, both parties complete a directions questionnaire. The court allocates the claim to the small claims track (up to £10,000) and sets a hearing date. Organise your evidence chronologically.
- Enforce the judgment if needed
A judgment does not guarantee payment. If unpaid after 30 days, consider a warrant of control (send bailiffs), attachment of earnings, or a third party debt order to recover from a bank account.
3 When this does not apply
- The debt arose from a consumer credit agreement — additional rules under the Consumer Credit Act 1974 may apply.
- The debtor is insolvent or in administration — insolvency proceedings take priority.
- The claim is for a liquidated amount under a regulated mortgage contract — specialist rules apply.
- More than six years have passed since the debt fell due — the claim may be time-barred under the Limitation Act 1980.
4 Common questions
How much does it cost to make a small claims court claim?
Court fees for money claims are set by the Civil Proceedings Fees Order. For claims up to £300 the fee is £35; up to £500 it is £50; up to £1,000 it is £70; up to £1,500 it is £80; up to £3,000 it is £115; up to £5,000 it is £205; up to £10,000 it is £455. The full fee table is published on GOV.UK. If you win, the court fee is usually added to the judgment and recovered from the defendant.
Can I claim interest on top of the debt?
Yes. For County Court money claims you can claim interest at 8% per year under the County Courts Act 1984, s.69 from the date the debt became overdue to the date of judgment. For commercial debts, the Late Payment of Commercial Debts (Interest) Act 1998 may give you a higher rate. State the interest calculation on your claim form.
What happens if the defendant ignores the claim?
If the defendant does not acknowledge service or file a defence within the time limit, you can apply for a default judgment. This is a court order for the full amount without a hearing. You then proceed to enforcement if the defendant still does not pay.
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