Navigating the Small Claims Court Process: Your Complete Step-by-Step Guide to Winning Your Case
You are owed money. You want to resolve a dispute. The small claims court helps you do so. It is a simple and low-cost way to settle a problem without long legal fights. This guide shows you each step. It gives clear tips so you can prepare, file, and present your case.
What Is Small Claims Court?
Small claims court sits inside the county court system. It handles money disputes under £10,000. It covers issues like faulty goods, unpaid invoices, landlord troubles, or small damages. The system helps regular people who do not have a lawyer. It keeps costs and rules simple.
Step 1: Try Resolving the Issue Without Court
Before you file a claim, try to solve the problem directly with the other side—the defendant. Write a "Letter Before Claim" to explain your complaint clearly.
Writing a Letter Before Claim
• Label the letter as “Letter Before Claim.”
• Write your name and address.
• Summarize what happened.
• Explain what you want and state the exact money amount.
• Set a 14-day deadline for a reply.
• Say you might start court if the reply is unsatisfactory.
• Mention that mediation or another dispute method is welcome.
Send the letter with proof of postage. This shows the court that you tried to settle the matter.
Step 2: File Your Small Claim
If the defendant does not reply or refuse to resolve the issue, you can file your claim. You have options when filing:
Claim Form Types
• For claims below £10,000, you can use an online service called Civil Money Claims or Money Claim Online (MCOL).
• You can also use the paper N1 Form if you want to post it, if you are under 18, or for some claim types.
What to Include in Your Claim
• The total sum you want.
• Reasons why you deserve the money.
• If needed, a request for interest under Section 69 of the County Courts Act 1984.
• Support with receipts, contracts, emails, or photos.
Always sign the form. For online forms, enter your name electronically.
Step 3: Pay the Fees
Starting a small claim requires a fee. The fee size depends on the money you claim. If you file online, the fee comes out automatically. When you file by paper, add the fee with your claim. People with low incomes might get a fee reduction or be exempt.
Step 4: The Defendant’s Response
The court sends your claim to the defendant. They have 14 to 28 days to reply. Their reply can be to: • Admit the claim and pay.
• File a defence against the claim.
• Make a counterclaim to say you owe them money.
When the defendant disagrees, the case moves on to a hearing. Check their reply. Get evidence to make your case stronger.
Step 5: Prepare for the Hearing
Court Hearings
Court hearings are informal and designed for people to speak for themselves. You will show your case and evidence and answer questions.
Tips for Preparation
• Arrange your documents, photos, and receipts neatly.
• Make a clear timeline of events.
• Practice explaining your case in calm, simple words.
• Get ready to answer any judge questions.
• Ask for mediation before a hearing if both sides agree. This can solve the problem faster.
Step 6: After the Hearing – The Judgment
The judge gives a decision right away or later in writing. If you win, you get a County Court Judgment (CCJ). It tells the defendant that they must pay.
Step 7: Enforce the Judgment
When the defendant does not pay, you have ways to enforce the judgment: • Ask the court to take money from their bank with a third-party debt order.
• Request a warrant of execution for bailiffs to collect the money.
• Apply for an attachment of earnings order to take money from their wages.
Before you act, check that the defendant has money.
Additional Considerations
• Claims must be started within 6 years of the issue.
• Some claims need you to follow a pre-action protocol and try other dispute methods first.
• Each party usually pays their own legal fees. You can claim only limited costs like court fees.
• Mediation may be suggested or required before going to court. This method is often cheaper and faster.
Conclusion
Small claims court gives you a simple and low-cost way to recover money or solve disputes. You start with a clear Letter Before Claim and file your claim correctly. You then prepare for a hearing and learn how to enforce the judgment. Following these steady steps can help you feel more confident in the process.
If you need help, try resources like Citizens Advice, GOV.UK, or local legal advice centres.
Useful Contacts:
• Civil Money Claims Helpline: 0300 123 7050
• Money Claim Online Helpline: 0300 123 1056
• Civil National Business Centre: 0300 123 1056
Understanding the small claims process is your first step. Stay organized, know the steps, and act methodically. This way, you give yourself the best chance for success.
About the Publisher
This article is part of an independent legal-tech publishing initiative focused on dispute resolution, small claims processes, and consumer access to justice.
Additional resources and research are available at pettylawsuit.com.