Small Claims Court for Unpaid Invoices in the UK
A complete guide to recovering money owed through the county court small claims track — when it's worth it, what it costs, and how to do it step by step.
When Is Small Claims Court Worth It?
Small claims court handles disputes worth up to £10,000in England and Wales. It's designed for individuals and small businesses to resolve disputes without needing a solicitor. As a general rule, it's worth considering for invoices over £300 where you have clear evidence that money is owed.
Before filing, you should have already exhausted informal resolution and sent a formal Letter Before Action giving the debtor 30 days to pay. Most debts settle at this stage — the LBA is a legal requirement before court action.
💡 Good to know
Around 70–80% of debts are settled after a Letter Before Action, and many of the remainder settle once a court claim is filed. Only a small minority of cases reach a hearing.
Court Fees for Small Claims
Fees are based on the claim amount. Filing online through Money Claims Online (MCOL) is cheaper than filing by paper.
| Claim Amount | Online Fee | Paper Fee |
|---|---|---|
| Up to £300 | £35 | £50 |
| £300.01 – £500 | £50 | £70 |
| £500.01 – £1,000 | £70 | £80 |
| £1,000.01 – £1,500 | £80 | £115 |
| £1,500.01 – £3,000 | £115 | £170 |
| £3,000.01 – £5,000 | £205 | £245 |
| £5,000.01 – £10,000 | £455 | £455 |
If you win, the court will order the debtor to reimburse your court fees on top of the debt.
Step-by-Step Process
Step 1: Attempt Informal Resolution
Send payment reminders and follow up by phone and email. Our chasing guide explains the best approach. Keep records of all contact — dates, times, and what was said.
Step 2: Send a Letter Before Action
This is a mandatory step under the Pre-Action Protocol for Debt Claims. Give the debtor 30 days to respond. The letter must state the amount owed, how interest has been calculated, and warn that court action will follow. See our Letter Before Action guide.
Step 3: File Your Claim via MCOL
File online at moneyclaim.gov.uk. You'll need the debtor's name and address, the exact amount (including interest and compensation), and a brief description of why the money is owed. See our MCOL guide for a detailed walkthrough.
Step 4: Wait for the Defendant's Response
The defendant has 14 daysto respond. They can admit the claim (and propose a payment plan), defend it, or make a counter-claim. If they don't respond at all, you can request a default judgment.
Step 5: Attend the Hearing (If Defended)
If the defendant defends, the court will schedule a hearing. Small claims hearings are informal — there are no wigs or gowns. The judge will ask both sides to explain their position. Bring all your evidence: the contract, invoices, emails, and your chase history.
Step 6: Enforce the Judgment
If you win, the court issues a County Court Judgment (CCJ). If the debtor still doesn't pay, you can enforce through bailiffs, attachment of earnings, or a charging order.
What Evidence Do You Need?
The strength of your case depends on your documentation. Gather the following before filing:
- 📄 Contract or agreement — written terms, emails agreeing the work, or purchase orders
- 📄 Invoices — the original invoice(s) showing amounts, dates, and payment terms
- 📄 Proof of delivery — evidence the work was completed or goods were delivered
- 📄 Correspondence — all emails, messages, and notes of phone calls about the debt
- 📄 Chase history — dated records of every reminder sent
- 📄 Letter Before Action — your LBA and proof it was sent/received
💡 How Experi Helps with Evidence
Experi automatically logs every chase email with timestamps, tracks overdue days, and calculates accrued interest. When it's time to go to court, you have a complete, dated record of every action you took.
What Can You Claim?
In small claims court, you can recover more than just the original invoice amount:
The Original Debt
The unpaid invoice amount.
Statutory Interest
8% above the Bank of England base rate (currently 12.5% total), calculated from the day after payment was due. Use our late payment calculator to work out the exact amount.
Fixed Compensation
£40 for debts under £1,000, £70 for debts £1,000–£9,999.99, or £100 for debts of £10,000+. This is per invoice.
Court Fees
The filing fee is added to the judgment so the debtor reimburses you.
What Happens If You Win?
The court issues a County Court Judgment (CCJ) ordering the debtor to pay. If they pay within 30 days, the CCJ is removed from their credit record. If they don't, it stays for 6 years and you can use enforcement methods:
- ⚖️ Bailiff enforcement — court-appointed enforcement agents visit the debtor to collect
- ⚖️ Attachment of earnings — money is deducted directly from the debtor's wages
- ⚖️ Charging order — a charge is placed on the debtor's property, paid when they sell
- ⚖️ Third-party debt order — freezes money in the debtor's bank account
Frequently Asked Questions
How much does it cost to take someone to small claims court for an unpaid invoice?
Court fees range from £35 for claims up to £300, to £455 for claims between £5,001 and £10,000. You file online via Money Claims Online (MCOL). If you win, the court fees are added to the judgment so the debtor repays them.
Is small claims court worth it for an unpaid invoice?
Generally yes, especially for invoices over £300. The process is designed for individuals and small businesses without solicitors. Most cases settle before a hearing — the act of filing is often enough to prompt payment.
How long does a small claims court case take?
If the defendant doesn't respond within 14 days, you can request a default judgment immediately. If they defend, a hearing is typically scheduled 6–10 weeks later. The entire process usually takes 2–4 months from filing.
Can I claim late payment interest in small claims court?
Yes. You can claim the original debt plus statutory interest at 8% above the Bank of England base rate, fixed compensation (£40, £70, or £100 depending on the debt size), and your court fees.
Do I need a solicitor for small claims court?
No. Small claims court is specifically designed so individuals and small businesses can represent themselves. The process is informal, and judges guide participants through the hearing. Even if you win, you generally can't recover solicitor costs.
What happens if the debtor ignores the court judgment?
If the debtor doesn't pay after a County Court Judgment (CCJ), you can enforce it through bailiffs, an attachment of earnings order, a charging order against their property, or a third-party debt order to freeze their bank account.
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