Small debt claim trials: What to expect

If your small debt claim goes to trial, here's what actually happens on the day.

Before you arrive

Get there at least 15-30 minutes early. You'll go through security, find your courtroom, and have time to review your documents before things start. Most courts have an usher at reception who can point you in the right direction.

If your hearing is remote (by video or telephone), test your equipment beforehand and find somewhere quiet with good lighting. You'll get joining instructions by email.

The room itself

Forget what you've seen on TV. Small claims hearings don't take place in grand courtrooms. You'll usually be in a small room with a District Judge, sitting around a table. It's deliberately informal, there are no witness boxes, no jury, and no wigs. Smart clothes are sensible, but the atmosphere is far more relaxed than you'd expect.

How the hearing runs

The District Judge leads the process. They'll introduce the case, confirm who everyone is, and outline the claim and defence.

You present your case first. Walk through the debt, your evidence, and any witnesses. Then the defendant presents their side — their defence, any counter-evidence, and any counterclaim.

Expect the Judge to ask questions throughout. Small claims hearings are more inquisitorial than adversarial — the Judge actively digs into the facts rather than sitting back and watching two lawyers argue. This works in your favour if you're not a legal professional.

What evidence to bring

Have copies of everything you want to rely on:

• Contracts and invoices
• Correspondence (emails, letters, messages)
• Proof that you followed the pre-action protocol with your Letter Before Action and any responses
• Witness statements, if applicable

Both sides can ask questions of each other and any witnesses, but the Judge manages the process.

The judgment

The Judge usually gives their decision at the end of the hearing, with brief reasons. Occasionally they'll reserve judgment and send it in writing later.

If you win, the Judge orders the defendant to pay a specific sum — usually within 14 days. They'll also deal with costs, which in small claims are limited to court fees and fixed costs.

If they don't pay

Winning a judgment doesn't guarantee the money arrives. If the defendant ignores the order, you'll need to take enforcement action, options include bailiffs, attachment of earnings, or freezing their bank account.

For more on getting ready, see our trial preparation guide.