The Small Claims Court Process England and Wales: A Step-by-Step Guide

Introduction: Understanding the Small Claims Track

Chasing unpaid invoices or fighting for a refund drains time, money, and mental energy. As England and Wales' first SRA-regulated AI law firm, Garfield automates the entire dispute process, turning a complex legal headache into a streamlined, digital experience.

When people speak of the "Small Claims Court," they are actually referring to the Small Claims Track of the County Court. This track is specifically designed for lower-value, less complex cases—primarily simple debt recovery or consumer disputes where the total value is under £10,000. Other limits apply to other kinds of cases.

The system is designed for "litigants in person," meaning litigants are supposed to be able to represent themselves without a solicitor. In fact, the rules are structured so that even if you win, you generally cannot recover the cost of hiring a traditional lawyer. This discourages litigants from instructing traditional law firms and also simultaneously encourages claimants to bring claims by removing the risk of an adverse legal costs order. This is where Garfield bridges the gap, offering legal intelligence, efficiency and knowledge without the hourly rates.

While the court system has moved toward digital processes, navigating the government's legacy portals or manual paper forms can be error-prone. Errors can lead to delays or claims being struck out. Garfield manages this complexity for you, ensuring your claim follows the correct legal protocols from day one. Note that while there are upfront court fees to start a claim, these are usually recoverable from the defendant if you win. For the full overview, see our complete guide to Small Claims Court and learn how much Small Claims Court costs.

Phase 1: Pre-Action Protocol and Letter Before Action

The Importance of Pre-Action Conduct

You cannot simply wake up one morning and sue someone. The court views litigation as a last resort. Before filing a claim, the Civil Procedure Rules (CPR) require you to make a genuine attempt to resolve the matter. For debt claims against individuals, this is governed by the Pre-Action Protocol for Debt Claims. If you rush to court without following these steps, a judge may penalize you, even if you win, by refusing to award you costs or interest.

Drafting the Letter Before Action (LBA)

The most critical document in this phase is the "Letter Before Action" (or "Letter of Claim"). This is a formal letter sent to the debtor outlining exactly what is owed and why.

A compliant LBA must include a number of items of information, non-exhaustively including:

• The Amount: The precise figure owed.
• The Basis of the Claim: E.g., unpaid invoice #123 due on date X.
• A Deadline: You must give the debtor a reasonable time to respond, this is typically 30 days for debt claims against individuals under the specific Pre-Action Protocol for Debt Claims.
• Statement of Intent: A clear warning that court proceedings will commence if payment is not received.

Writing this letter manually carries risks; missing required information can invalidate the letter. Garfield generates and sends fully compliant Letters Before Action for you, ensuring all legal protocols are met automatically.

Alternative Dispute Resolution (ADR)

During this phase, you should also consider Alternative Dispute Resolution, such as mediation. If the other party offers to settle or mediate, you should generally accept the discussion. Refusing to talk can be seen as "unreasonable behaviour" by the court. It's always a good idea to talk to the debtor, not least because there is a chance that a resolution can be found.

Warning on Skipping This Step

Do not skip the LBA. If you file a claim without this warning, the court could decide later that you acted unreasonably and refuse to award you some or all of your recoverable costs (such as court fees) or interest. For the complete process, see our guide on how to take someone to Small Claims Court.

Phase 2: How to Take Someone to Small Claims Court

Once the deadline in your Letter Before Action expires without payment, and assuming you haven't received a satisfactory response from the debtor, you can proceed to issue a formal claim. There are two main ways to do this: with professional support via either a traditional law firm or Garfield, or alternatively DIY.

The Digital Route: Garfield vs. DIY

Money claims are now handled digitally. While the government provides a legacy portal known as Money Claim Online (MCOL), as well as a more modern portal called OCMC, both are self-service tools that offer no legal guidance. If you make a mistake in your submission on MCOL or OCMC, you cannot easily change it later.

Garfield is the superior alternative. We handle the filing process for you, ensuring that your claim data is structured correctly before it reaches the court.

• Speed: Claims are issued faster than DIY routes.
• Legal Knowledge: Our AI formulates the claim and drafts the Particulars of Claim.
• Accuracy: Our AI checks for common errors that lead to rejections.
• Claim Number: Your case is assigned a claim number immediately upon issuance by the Court.

The Particulars of Claim

Whether via Garfield or DIY, the "Particulars of Claim" must be drafted. This is the section where you tell the judge the basis of your claim. There are many Court rules about how a claim should be pleaded and what material the Particulars should contain.

• Statement of Truth: You must sign a declaration that the facts are true. Intentionally or recklessly misstating the facts in Particulars risks being contempt of court.
• Facts over Emotion: A common pitfall is writing an emotional narrative. The court does not need to know how angry you are; they need to know such questions as: Who entered the contract? What were the terms? How were they breached? What is the loss?

Garfield helps you articulate these particulars, stripping away irrelevant emotion to focus on the legal facts that win cases. For more details on filing options, see our guide on how to file a claim.

Calculating Interest

You are usually entitled to interest on a debt claim. But the rules are not necessarily straightforward. For example, you might be entitled to interest under the Late Payment of Commercial Debts (Interest) Act 1998 or under the County Courts Act 1984 (section 69) you may be entitled to claim simple interest on the debt at a rate of 8% per annum. Alternatively, if you have a contractual entitlement, you might be entitled to invoke that. If the rate is 8% per annum, on a £5,000 debt, that is over £1 per day. You must calculate this daily rate and add it to your claim form before you file and plead out the entitlement in the Particulars of Claim. Garfield ascertains your entitlement and calculates this statutory interest automatically, ensuring you claim every penny you are owed.

Phase 3: The Defence, Directions, and Small Claims Mediation Service

Once the court issues the claim, the "clock" starts ticking for the defendant.

The Defendant's Response

The court sends the claim pack to the defendant. They have 14 days to respond.

1. Scenario A: They Pay. They admit the debt and pay you. You've won, and the case is closed.
2. Scenario B: They Ignore It. If they do not respond within 14 days, you win by default. You can request a Judgment in Default (a CCJ). Garfield alerts you the moment this deadline passes and will help you apply for the default judgment, so you can secure your judgment immediately.
3. Scenario C: They Defend. They file a "Defence" stating why they don't owe the money. They may also file an "Acknowledgment of Service," which buys them an extra 14 days (giving them 28 days total to defend).

The Directions Questionnaire (Form N180)

If the claim is defended, the court will send both parties a Directions Questionnaire (Form N180).

• Purpose: This form helps the judge decide where the case should be heard and confirms if it belongs in the Small Claims Track.
• Crucial Warning: You must return this form by the specific date given on the notice. If you miss this deadline, your claim can be struck out, meaning you lose automatically. Garfield helps keep you on top of these critical procedural deadlines.

Small Claims Mediation Service

On the N180 form, you will be informed about the Small Claims Mediation Service. This is a free telephone mediation service provided by HMCTS and nowadays it is mandatory.

• A mediator will call you for a one-hour appointment to try and settle the dispute.
• Why participate? It is faster than waiting for a hearing, and if you settle, you avoid the risk of losing. You might manage to resolve the dispute on acceptable terms. If mediation fails, you simply proceed to the court hearing so nothing is lost. For more on timelines, see our guide on how long Small Claims Court takes.

Phase 4: The Small Claims Hearing — What to Expect

If mediation fails, the case proceeds to a hearing. While the term "court" sounds intimidating, the small claims process is designed to be less formal than what you see on TV.

Preparation for the Hearing

Usually, the court makes what are known as standard directions. Pursuant to these, no later than 14 days before the hearing, you will have been ordered to share documents. You must also create a Court Bundle.

• Document Production: This is where you provide to the other side, and the Court, all the documents you want to rely on in Court. If you don't provide them, you cannot use them at the hearing and your case may be prejudiced. The other side will similarly send you their documents.
• The Court Bundle: A single PDF containing the relevant court documents, your contract, invoices, emails, and other evidence such as photos, page-numbered and in chronological order. Garfield's guidance ensures you understand exactly how to organize your bundle so the judge can read it easily, and Garfield will generate the bundle for you.

Inside the Virtual or Physical Courtroom

Hearings may be held in a physical county court building (in a judge's chambers, not a grand courtroom) or remotely via Cloud Video Platform (CVP).

• Etiquette: Arrive or log in at least 30 minutes early. Address the District Judge as "Sir," "Madam," or "Judge." Dress smartly and be respectful to everyone, including the other side.
• Procedure: Small claims are informal and hence tend to be more inquisitorial than adversarial. This means the Judge leads the process. They will ask you questions to get to the truth. You generally won't be cross-examined aggressively by a barrister on the stand like you see on TV.
• Nerves: It is normal to be nervous. Remember, the Judge knows you are not a lawyer. Speak slowly, stick to the facts in your witness statement, and don't interrupt the other side.

Alternatively, you can choose to be accompanied by a solicitor or barrister to represent you.

The Judgment

At the end of the hearing (which usually lasts 60 to 90 minutes), the Judge will typically give their decision immediately. If you win, the Judge will order the defendant to pay a specific sum, usually within 14 days. For more details, see our guides on small claims court rules and procedures and what happens if you lose in small claims court.

Phase 5: Enforcing a Small Claims Judgment (Getting Paid)

Winning the case generates a County Court Judgment (CCJ), but it does not guarantee the money will appear in your bank account. If the debtor refuses to pay despite the court order, you must take enforcement action.

Warrant of Control

You can pay a fee to send County Court bailiffs to the debtor's address. They can seize goods to sell at auction. However, County Court bailiffs are salaried civil servants and are often less assertive or successful than private options.

Transfer to High Court (Writ of Control)

For debts over £600, the most effective method is usually "transferring up" to the High Court. This allows you to use High Court Enforcement Officers (HCEOs). HCEOs earn their fees from the debtor, so they are highly motivated to collect. This is a powerful tool for business-to-business debts.

Other Enforcement Methods

• Third Party Debt Order: Freezes the debtor's bank account and takes the money directly.
• Attachment of Earnings: Orders the debtor's employer to deduct money from their wages (only works if they are employed, not self-employed).
• Charging Order: Secures the debt against the debtor's property (house or land), meaning you get paid if they sell the asset.

Realistic Advice: Before spending money on enforcement fees, consider if the debtor has assets. You cannot get blood from a stone. Garfield provides guidance on assessing whether enforcement is viable for your specific situation. To evaluate your options upfront, read our guide on whether it's worth going to Small Claims Court.

Frequently Asked Questions

What are the current small claims court fees in England and Wales?

Fees are based on the amount claimed, on a sliding scale. For digital claims (vi.e. ia Garfield), fees range from £35 for tiny claims up to £455 for claims between £5,000 and £10,000. Paper claims incur slightly higher fees. Importantly, this fee is added to the debt total if you win the case.

How long does the small claims process take in 2025?

While Garfield can issue your claim immediately, and can progress each step expeditiously, and is available 24/7, the court system itself has a backlog. According to recent Ministry of Justice statistics, if a case is defended and goes all the way to a trial, it takes on average between 39 and 50 weeks depending on the region. However, only about 2% of claims go that far, as most are resolved shortly after issuing a Claim Form. For more details, see our guide on how long Small Claims Court takes.

Can I claim for stress and inconvenience in small claims court?

Generally, no. In a debt claim, the English and Welsh small claims track is strictly for financial loss (breach of contract or debt). "Pain, suffering, and loss of amenity" is rarely awarded in standard commercial or consumer disputes unless it involves personal injury. You should focus your claim on quantifiable financial losses.

Do I need a solicitor for small claims court procedure?

No. As explained above, the system is specifically designed for "litigants in person." Furthermore, legal fees are generally not recoverable from the other side in the Small Claims Track. This means if you spend £2,000 on a solicitor to recover £3,000, you will likely be out of pocket. Garfield is the ideal solution: expert legal guidance at a fraction of the cost of a traditional solicitor.

What happens if the defendant ignores the claim after it is issued at Court?

If the defendant fails to respond within 14 days of service, they have defaulted. You can then request a "Judgment in Default." This is a court order demanding payment immediately. If you use Garfield, our system helps track these deadlines so you can request judgment the moment it becomes available.

Why Choose Garfield for the Small Claims Process?

The small claims court procedure involves multiple phases, strict deadlines, and potential pitfalls at every turn. Here's how Garfield helps at each stage:

As an SRA-regulated AI powered law firm, Garfield is the best solution for small debt claims.

Stop letting unpaid debts drain your time. Garfield handles the entire small claims court process in England and Wales for you. From Letter Before Action to judgment. Our AI ensures nothing falls through the cracks.

Start Your Claim with Garfield →