Court Guide

How to Sue Someone in Small Claims Court UK

A plain-English guide for 2026 — from sending your first letter to collecting your money

23 March 202611 min readClaim Builder

Direct Answer

To sue someone in the UK small claims court: send a letter before action, gather your evidence, issue a claim through Money Claim Online, attend a hearing if the claim is defended, and enforce the judgment if the defendant still doesn't pay. No solicitor needed for claims up to £10,000.

Can You Actually Sue Someone Without a Solicitor?

Yes — and thousands of people do it every week in England and Wales. The small claims track was specifically designed to make the court system accessible to ordinary people without legal training. The process is deliberately informal, the rules are straightforward, and the court fee is usually recovered from the losing party.

Whether someone owes you money for unpaid work, damaged property, a broken agreement, or a refund refused — the small claims court is your legal right to use. This guide walks you through the entire process from start to finish.

£10,000

Claim Limit

Required

No Solicitor

4–6 months

Typical Timeline

What Can You Sue For in Small Claims Court?

The small claims track covers most money disputes between individuals and businesses. Common claim types include:

Unpaid debts & invoices

Money owed for goods, services, or loans that has not been repaid.

Property damage

Damage to your vehicle, home, or belongings caused by another party.

Breach of contract

A written or verbal agreement that the other party has not honoured.

Faulty goods or services

Poor quality work or products that did not meet the agreed standard.

Landlord deposit disputes

Deposit not returned at the end of a tenancy without good reason.

Vehicle repair disputes

Overcharging or substandard repairs carried out on your vehicle.

Who Can You Sue?

You can sue any of the following in the small claims court:

Individual (private person) — Use their full legal name and current address.
Sole trader — Name the person trading as — e.g. "John Smith trading as JS Plumbing".
Partnership — Name all partners or the trading name of the partnership.
Limited company — Use the exact registered company name from Companies House.
Limited Liability Partnership (LLP) — Use the registered name as it appears on Companies House.

Getting the defendant's name exactly right matters

If you sue a limited company under the wrong name, the claim may be dismissed. Check Companies House for the exact registered name before filing.

Before You File: The Letter Before Action

Courts in England and Wales expect you to have made a genuine attempt to resolve the dispute before issuing a claim. Sending a letter before action (LBA) — also called a letter of claim — is that step.

A letter before action must clearly state what you're owed, why, the deadline to pay (usually 14 days), and the consequence of non-payment (court action). Courts may reduce your costs award or penalise you if you skip this step.

Many disputes are resolved at this stage alone. A well-drafted letter shows the other party you're serious — and gives them one last opportunity to avoid a court record.

Your letter before action should include:

Full name and address of both parties
A clear description of what happened and when
The exact amount owed (including any interest)
A specific payment deadline (14 days is standard)
A statement that court action will follow if payment is not received

How to Sue Someone: Step-by-Step

Send a Letter Before Action

Before issuing a claim, you must give the other party a formal final warning — typically 14 days to pay or respond. Courts expect this step and may penalise you on costs if it's skipped. A good letter before action resolves many disputes without ever reaching a courtroom.

Gather Your Evidence

Collect everything that proves your case: invoices, contracts, text messages, emails, photos, bank records, and any previous correspondence. Organise your evidence chronologically. The clearer and more complete your bundle, the stronger your position.

Draft Your Particulars of Claim

Your particulars of claim is a written statement explaining what happened, how much you're owed, and why. Keep it factual, clear, and chronological. Avoid emotional language. The court needs to understand your claim at a glance.

Issue Your Claim via Money Claim Online

File your claim at gov.uk/make-money-claim. You'll need the defendant's full name and address, the claim amount, and your particulars. Pay the court fee. Once issued, the court serves the claim on the defendant by post.

Wait for the Defendant's Response

The defendant has 14 days to acknowledge the claim and up to 28 days to file a full defence. If they don't respond at all, apply immediately for a default judgment — you can win without a hearing in as little as 2–4 weeks.

Attend the Hearing (if defended)

If the defendant files a defence, the court lists a hearing. Small claims hearings are informal — no wigs, no jargon. Simply arrive on time, present your evidence clearly and calmly, and answer the judge's questions honestly.

Receive the Judgment

The court issues its decision. If in your favour, you receive a County Court Judgment specifying the amount owed and payment deadline. The CCJ is recorded on the defendant's credit file if they don't pay within 30 days.

Enforce if Necessary

Winning is step one — collecting is step two. If the defendant ignores the judgment, apply for enforcement. Options include bailiffs (warrant of control), attachment of earnings, charging orders, or transferring to the High Court for HCEO enforcement on debts over £600.

Small Claims Court Fees 2026

Court fees are paid when you issue the claim. If you win, these fees are added to the judgment amount and recovered from the defendant. If you lose, you do not get the fee back — but you are also not liable for the other side's costs in most small claims cases.

Claim Amount	Court Fee (Online)
Up to £300	£35
£300.01 – £500	£50
£500.01 – £1,000	£70
£1,000.01 – £1,500	£80
£1,500.01 – £3,000	£115
£3,000.01 – £5,000	£205
£5,000.01 – £10,000	£455

Fees shown for online claims via MCOL. Paper claims attract a slightly higher fee.

Building a Strong Claim

The quality of your evidence and your particulars of claim can be the difference between winning and losing. Here's what to prepare:

Evidence to gather

Invoices and receipts
Contracts (written or email)
Text messages and WhatsApp chats
Photos of damage or poor workmanship
Bank transfer records
Previous payment reminders sent

Your particulars of claim must cover

What happened and the key dates
What agreement was made (verbal or written)
Why the defendant owes you money
The exact amount claimed
How you calculated any interest
What remedies you are seeking

Winning Without a Hearing: Default Judgment

If the defendant fails to acknowledge or respond to your claim within 14–28 days, you can apply for a default judgment. This is awarded in your favour automatically, without any hearing.

Default judgments are surprisingly common — many debtors simply ignore claims hoping they'll go away, or fail to take the paperwork seriously. A default judgment is just as legally enforceable as one made at a hearing.

Timeline with default judgment

Day 0: Issue claimDay 14: Defendant must acknowledgeDay 28: Response deadlineDay 29+: Apply for default judgment2–4 weeks: Judgment issued

What if They Still Won't Pay After Judgment?

Winning the case is step one — collecting the money is step two.

The court will not automatically collect the money for you. If the defendant ignores the judgment, you must actively enforce it.

Warrant of Control

Court-appointed bailiffs attend the premises to seize goods up to the value of the debt.

Best for: sole traders, individuals with assets

Attachment of Earnings

Deductions are made directly from the debtor's wages each pay period.

Best for: employed individuals

Third-Party Debt Order

Freezes money held in the debtor's bank account and redirects it to you.

Best for: debtors with known bank accounts

Charging Order

Secures the debt against the debtor's property — paid when the property is sold.

Best for: property-owning debtors, larger amounts

High Court Enforcement (HCEO)

Transfer the CCJ to the High Court for enforcement by a High Court Enforcement Officer. More powerful than county court bailiffs.

Best for: debts over £600, limited companies

Common Mistakes When Suing in Small Claims Court

Filing a claim without first sending a letter before action
Using the wrong name or address for the defendant
Submitting disorganised or incomplete evidence
Forgetting to claim statutory interest from the date the debt became due
Failing to attend the hearing — your claim can be struck out
Winning the judgment but then doing nothing to enforce it
Suing in the wrong court — housing and employment claims have separate procedures

Frequently Asked Questions

How much does it cost to sue someone in the UK small claims court?

Court fees range from £35 for claims up to £300 to £455 for claims between £5,001 and £10,000. These fees are recoverable from the defendant if you win. There is no fee to send a letter before action.

How long does it take to sue someone in UK small claims court?

From issuing the claim to a court hearing typically takes 4–6 months. If the defendant does not respond within 14 days, you can apply for a default judgment immediately — often within 2–4 weeks of issuing.

Can I sue someone who owes me money without a written contract?

Yes. Verbal agreements are legally binding in the UK. You can rely on text messages, emails, bank transfer records, witness statements, and your own account of events as evidence.

What is the maximum amount I can claim in small claims court UK?

The small claims track in England and Wales handles claims up to £10,000. Scotland has a separate simple procedure for claims up to £5,000. Claims above the limit are allocated to the fast track or multi-track.

Do I need a solicitor to sue someone in small claims court?

No. The small claims track is specifically designed for use without legal representation. Solicitor costs are generally not recoverable in small claims cases, so the DIY approach is almost always the most cost-effective.

What happens if I win but the person still refuses to pay?

You will need to enforce the judgment. Options include a warrant of control (sending bailiffs), attachment of earnings, a third-party debt order, or a charging order on property. Winning does not automatically guarantee payment.

Can I sue a company in small claims court?

Yes. You can sue any individual, sole trader, partnership, or limited company in the small claims court. For limited companies you must use the registered company name as it appears on Companies House.

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