If someone owes you money and will not pay, the small claims court is the route most people in England and Wales use to get it back. It is not a separate court. It is the small claims track of the County Court, and it deals with most money claims worth up to £10,000. It is designed for people who represent themselves, so you do not need a solicitor, the hearings are less formal than other trials, and legal costs are generally not recoverable from the other side. That keeps the process affordable, but it also means you need to understand the steps, the deadlines and the fees before you start.

Small claims cover a wide range of everyday disputes: an unpaid invoice, a loan to a friend or family member that was never repaid, a deposit a landlord will not return, faulty goods or poor workmanship, or a bill for services that were never delivered. The claim must be for a fixed sum of money, or for a sum you can calculate, and the person or business you are claiming from must have an address in England or Wales for the online service to work. Claims worth more than £10,000 are usually dealt with on the fast track or the multi-track instead, where the procedure is more formal and legal costs can be recovered.

Before you file anything, check four things. First, the time limit. Under the Limitation Act 1980 you generally have six years to issue a claim for a debt or a breach of contract, counted from when the money became due or the contract was broken. There are exceptions, so if your claim is close to the limit, take advice before it runs out. Second, who to sue. The claim must name the right legal person. For a limited company, use its exact registered name and registered office address from Companies House, not a trading name or a shop address. For a sole trader, sue the individual, for example Jane Smith trading as Smith Plumbing. For an individual, use their full name and the address where they live. Third, the defendant needs an address for service in England or Wales. Claims against someone in Scotland or Northern Ireland follow different rules. Fourth, ask yourself whether the defendant can actually pay. A judgment is only worth what you can enforce, and if the defendant has no income, savings or assets, think hard before spending money on court fees.

Courts expect you to try to resolve the dispute before you sue, and that means sending a letter before claim, also called a letter before action. The letter should say who you are and what the claim is about, state the amount and how it is made up including any interest, list the documents you rely on, give a deadline to pay or respond, and say you will issue a court claim if they do not. For a straightforward claim, 14 days is a common deadline. But if you are a business claiming a debt from an individual, including a sole trader, the Pre-Action Protocol for Debt Claims requires at least 30 days, along with the protocol's information sheet and reply form. Skipping this step can cost you interest or costs even if you win, and many disputes settle at this point, once the other side realises you are serious.

Work out the amount, the interest and the fee before you file, because the fee depends on the total you claim, including interest. Under section 69 of the County Courts Act 1984, the court can award interest on a debt at 8 per cent a year from the date the debt became due. For business debts, statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 is 8 per cent plus the Bank of England base rate, with fixed compensation of £40, £70 or £100 depending on the size of the debt. Interest matters for the fee as well: a debt of £981 on its own would sit in the £500.01 to £1,000 band, but add £22.15 of interest and the claim becomes £1,003.15, which moves it into the next band and raises the fee.

The court fee is banded on the amount you are claiming, plus interest, and it is the same whether you file online or on paper. According to the GOV.UK civil court fees guide, known as EX50, the bands are: up to £300, the fee is £35; more than £300 but no more than £500, it is £50; more than £500 but no more than £1,000, it is £70; more than £1,000 but no more than £1,500, it is £80; more than £1,500 but no more than £3,000, it is £115; more than £3,000 but no more than £5,000, it is £205; and more than £5,000 but no more than £10,000, it is £455. Above £10,000, the fee is 5 per cent of the value of the claim up to £200,000, and a flat £10,000 above that. If you are on a low income or receive certain benefits, you may qualify for Help with Fees, which you apply for before you make the claim. Court fees change, so always check the current table on GOV.UK before you pay.

Most money claims are filed online through GOV.UK. HM Courts and Tribunals Service runs Money Claim Online, known as MCOL, and a newer online money claims service, and GOV.UK directs you to the right one when you start a claim for money. Online, you enter the parties, a short description of the claim, the amount and the interest, and pay the fee by card. MCOL accepts claims up to £99,999.99. If the online services cannot take your claim, for example because there are more than two defendants or the claim is not for a fixed sum of money, you file on paper instead, using form N1, the civil claim form, and post it to the court with the fee. Whichever route you use, you will need your name and address, the defendant's correct legal name and address, the amount claimed with interest calculated to the date of filing, brief particulars of claim setting out what was agreed, what went wrong and what you want, a statement of truth which you sign, and a debit or credit card for the fee or a Help with Fees reference.

Once you file, the court issues the claim and serves it on the defendant, and the deadlines run from service, not from the day you filed. The defendant has 14 days to respond, or 28 days if they first file an acknowledgment of service. They can pay the claim in full, admit all or part of it and offer to pay by instalments, file a defence and possibly a counterclaim, or do nothing. If they admit part of the claim, you decide whether to accept the part admission or carry on for the full amount. If they do nothing, once the 14 days, or 28 days after an acknowledgment, have passed without a defence or admission, you can ask the court for judgment in default through the service you filed with, or on the court's request form if you filed on paper. There is no fee for asking for default judgment.

If the claim is defended, most small claims are first referred to the free HMCTS Small Claims Mediation Service, usually a one-hour telephone appointment. If mediation does not settle the dispute, both sides complete form N180, the directions questionnaire, which tells the court whether you want mediation, which witnesses you will call, dates you cannot attend, and whether you agree to the small claims track. A judge then allocates the claim to the small claims track and gives directions, usually requiring both sides to send the court and each other copies of every document they rely on by a set date before the hearing. Follow those directions exactly. A hearing fee is payable only if the claim is defended and listed for a hearing: according to EX50, it is £27 for claims up to £300, £59 for claims between £300.01 and £500, £85 for claims between £500.01 and £1,000, £123 for claims between £1,000.01 and £1,500, £181 for claims between £1,500.01 and £3,000, and £346 for claims over £3,000. The court tells you when the hearing fee is due, and if it is not paid on time, the claim can be struck out.

The hearing itself is less formal than other trials. It is often short, it may be in person or by video, and the judge reads the papers, asks both sides questions and usually gives the decision on the day. If you win, the court normally orders the defendant to repay your court fees as well as the debt. But winning is not the same as being paid. If the defendant does not pay, you can apply to enforce the judgment, for example by asking the court to send bailiffs through a warrant of control, which costs £96, or by applying for an order to obtain information from the debtor, which costs £69. Enforcement adds cost and time, which is why checking whether the defendant can pay before you start is so important.

The rules described here apply in England and Wales. Scotland has its own procedure, called Simple Procedure, run through the sheriff courts for claims up to £5,000, and Northern Ireland has its own small claims system with different limits. The whole process, from the first letter to a defended hearing, commonly takes several months, and longer at busy courts, so treat any timescale as a rough guide rather than a promise. Undefended claims move much faster, because default judgment can follow soon after the response deadline passes. This guide is general information, not legal advice, and court fees change, so check the current fees on GOV.UK and the current guidance on making a court claim for money before you file. For advice specific to your situation, speak to a qualified solicitor or contact Citizens Advice.