Question 1

How much does it cost to make a small claim in Lothian?

Accepted Answer

Court fees depend on the amount you're claiming. For claims up to £300, the fee is £35. For claims between £300–£500, it's £50. For claims between £500–£1,000, it's £70. For claims up to £10,000 (the small claims limit in England and Wales), fees range from £80–£455. These fees are added to your claim and recoverable from the defendant if you win.

Question 2

Do I need a solicitor for small claims court in Lothian?

Accepted Answer

No. The small claims track is specifically designed to be used by individuals and businesses without legal representation. For claims up to £10,000, you do not need a solicitor. Our Debt Recovery Pack provides all the documents and guidance you need to pursue your claim yourself.

Question 3

Which court handles small claims in Lothian?

Accepted Answer

Lothian claims are handled by Edinburgh Sheriff Court. Scotland uses the Simple Procedure for claims up to £5,000. MCOL is not available.

Question 4

What types of claims can I make in Lothian small claims court?

Accepted Answer

You can claim for unpaid invoices, rent arrears, personal loans, goods supplied but not paid for, poor workmanship, consumer disputes, and most other money claims up to £10,000. You cannot use the small claims track for personal injury claims over £1,000 or housing disrepair claims over £1,000.

Question 5

What happens if the defendant doesn't respond to my claim in Lothian?

Accepted Answer

If the defendant doesn't respond within 14 days of being served, you can apply for a default judgment. This means the court rules in your favour without a hearing. You can then enforce the judgment using bailiffs, attachment of earnings, or other enforcement methods.

Question 6

How long does a small claim take in Lothian?

Accepted Answer

If the defendant pays or doesn't respond, the process typically takes 6–12 weeks for uncontested Simple Procedure claims. If the claim is defended and goes to a hearing, it can take 4–8 months if defended. Sending a professional Letter Before Action before filing often resolves the matter without going to court at all.

Question 7

How does the small claims process work in Lothian?

Accepted Answer

Scotland uses the Simple Procedure for claims up to £5,000 — this is the Scottish equivalent of the small claims track. Claims are filed at the Sheriff Court, not through MCOL (which is only available in England and Wales). The Simple Procedure is designed to be accessible without a solicitor.

Claim Amount	Court Fee
Up to £200	£18
£200.01 – £500	£41
£500.01 – £1,000	£69
£1,000.01 – £3,000	£97
£3,000.01 – £5,000	£124

Small Claims Court
in Lothian