After you submit a small claims court claim in England and Wales, the court takes over and sends your claim to the defendant. Here's exactly what happens next and what you should do while waiting.
Immediate next steps (days 1-5)
The court issues your claim Within 1-2 working days, the court processes your claim and assigns a case number. You'll receive confirmation by email (if filed online) or via Garfield (if you are using Garfield).
The claim is served on the defendant The court sends your claim to the defendant's address by first-class post. This typically takes 2-5 days.
The clock starts The defendant now has 14 days from receiving the claim to respond. Broadly speaking, the court assumes delivery 5 days after posting, so effectively you're waiting around 19 days from submission.
The four possible defendant responses
Response 1: They pay in full
The defendant pays what you're claiming (including court fees and any interest).
What happens: Your claim ends. You've won. Keep records in case of any issues. If you are using Garfield, please let Garfield know you have been paid.
Timeline: Can happen any time in the first 14 days.
Response 2: They admit the debt
The defendant accepts they owe the money but may:
- Offer to pay in instalments
- Dispute some or all of the amount claimed
- Ask for time to pay
What happens: You'll receive an admission form. You can accept their payment proposal or ask the court to decide on payment terms.
Timeline: 14-30 days typically.
Response 3: They defend the claim
The defendant disputes that they owe you money (or the amount you're claiming).
What happens: The case proceeds to allocation, mediation, and potentially a hearing. This is the longest path.
Timeline: 8-12 months for the full process.
Response 4: They ignore it (no response)
The defendant doesn't respond within 14 days.
What happens: You can request a "default judgment" - the court orders them to pay without a hearing.
Timeline: 4-6 weeks total.
If there's no response: Getting default judgment
When the defendant doesn't respond, you can apply for default judgment:
- Wait until 14 days after the deemed service date (19 days from issue)
- Log into Money Claim Online (or complete form N225/N227) or, if you are using Garfield, ask Garfield to apply for default judgment.
- Request judgment for the full amount plus interest and costs
- The court issues the judgment (usually within a week)
Important: Default judgment means you've won, but it doesn't guarantee payment. If they still don't pay, you'll need to consider enforcement options.
If they defend: The defended claim process
When the defendant files a defence, your claim follows this path:
Stage 1: Allocation (weeks 2-4)
The court sends you both a Directions Questionnaire to complete. This helps the court:
- Confirm the claim belongs on the small claims track
- Understand how complex the case is
- Schedule mediation and any hearing
Stage 2: Mediation (weeks 4-12)
Mediation is mandatory for defended small claims. The Small Claims Mediation Service will contact both parties to arrange a telephone mediation session.
What to expect:
- A mediator calls both parties (separately or together)
- Session lasts up to one hour
- The mediator helps you try to reach a settlement
- Anything said in mediation is confidential
- No prejudice if mediation fails - you still get your hearing
Around 60-70% of cases that go to mediation settle without needing a hearing.
Stage 3: Hearing (months 8-12)
If mediation doesn't resolve the dispute, the court schedules a hearing.
What to expect:
- Usually held by telephone or video (in-person for complex cases)
- Informal setting with a district judge
- You present your evidence and explain your case
- The defendant presents their side
- The judge asks questions and makes a decision
- Judgment often given on the day
What to do while waiting
Keep all evidence safe Organise your invoices, contracts, emails, and any other documents. You may need them for mediation or a hearing.
Don't contact the defendant about the debt Once you've filed a claim, let the court process handle communication. Direct contact could complicate things especially if the defendant is an individual who could start alleging harassment if contacted. By all means consider and, as necessary, respond to correspondence but do not do anything a reasonable defendant could complain of.
Monitor for post from the court The court sends important documents by post. Check regularly and respond to anything with a deadline.
Be ready to respond quickly If the defendant files a defence or makes an offer, you'll have deadlines to respond (typically 14-28 days).
Prepare for mediation Think about what outcome you'd accept. Would you take a payment plan? A reduced amount? Knowing your bottom line helps mediation succeed.
Typical timelines
| Scenario | Total time |
|---|---|
| Defendant pays after receiving claim | 1-3 weeks |
| No response → default judgment | 4-6 weeks |
| Defendant admits → agreed payment | 4-8 weeks |
| Defended → settled at mediation | 2-4 months |
| Defended → full hearing | 8-12 months |
These are estimates. Actual times vary by court location and case complexity.
How Garfield helps
Garfield tracks all of this for you:
- Monitors court responses and deadlines
- Alerts you when action is needed
- Prepares documents for each stage
- Guides you through mediation preparation
- Creates hearing bundles if you go to court and gives you guidance about how to present your case.
You don't need to remember what comes next or worry about missing a deadline.