How long does small claims court take?

Last updated: 5 November 2024

It depends on whether the defendant responds. If they ignore your claim, you can get a judgment in 4-6 weeks. If they defend, it takes 4-6 months.

If they don't respond (default judgment)

Timeline: 4-6 weeks

  1. You file the claim
  2. They have 14 days to respond
  3. If they ignore it, you request a default judgment
  4. The court issues a judgment in your favour (usually within 2-3 weeks)

No hearing needed. You win by default.

If they defend the claim

Timeline: 4-6 months

  1. You file the claim
  2. They respond within 14 days (defending the claim)
  3. The court sets a hearing date (usually 8-12 weeks away)
  4. Both sides prepare evidence
  5. You attend the hearing
  6. The judge makes a decision (usually on the day)

The waiting time for a hearing depends on court backlogs:

  • Major cities (London, Manchester, Birmingham): 20-26 weeks
  • Smaller courts: 12-16 weeks

After you win

Winning doesn't automatically mean you get paid. If they don't pay voluntarily, you need to enforce the judgment.

Enforcement can take:

  • Bailiffs: 3-6 months
  • Attachment of earnings: 6-12 months
  • Charging order on property: 6-12 months

About 40-60% of people pay voluntarily after losing in court. The rest need enforcement.

What you can't control

Court backlogs Some courts are overwhelmed. There's no way around this: you just have to wait for your hearing date.

Defendant delays If they request extensions or submit late defences, it can add weeks to the process.

Enforcement delays If bailiffs can't find the defendant or they have no assets, enforcement can drag on for months.

How Garfield helps

Garfield can't control court backlogs, but it ensures your case progresses as quickly as possible by:

  • Filing claims online immediately (faster than post)
  • Tracking all deadlines automatically
  • Submitting complete, accurate documentation (no delays from missing paperwork)
  • Notifying you of hearing dates and deadlines

You avoid administrative delays that can add weeks to the process.

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How long does small claims court take? | Small Claims Court - Timeline & Duration | Garfield Help