What is a letter before action?

Last updated: 6 November 2024

A Letter Before Action (also called a "Letter of Claim" or "LBA") is a formal legal warning that you're about to take someone to court if they don't pay what they owe.

It's required by English and Welsh law before you can file a small claims court claim. Think of it as the final warning: one last chance for them to pay before things get serious.

Why send one?

It's legally required. The Civil Procedure Rules say you must give the debtor a chance to pay or respond before filing a court claim. If you skip this step, the court can dismiss your claim.

It often works. Around 50% of people pay at this stage to avoid going to court. That means you get your money without the hassle and cost of legal proceedings.

It shows you're serious. A formal letter on headed paper (or generated by a legal platform) signals that you're not messing around.

What it must include

The letter needs to contain:

  • Who you are (your details)
  • Who they are (their correct legal name and address)
  • How much they owe (exact amount with breakdown)
  • What it's for (invoice number, service provided, goods sold)
  • A deadline to pay (typically 14-30 days)
  • Warning of court action if they don't pay or respond

You should also attach copies of evidence: invoices, contracts, emails, or anything that proves the debt.

How to send it

Recorded Delivery or Signed For post is essential. You need proof that it was delivered; courts won't accept "I sent it by normal post."

You can also email a copy for speed, but the trackable post is what counts legally.

What happens after you send it?

They pay → problem solved They propose a payment plan → you can accept or negotiate They dispute it → you'll need to respond or proceed to court They ignore it → you can file a court claim

How Garfield helps

Garfield generates professional Letters Before Action that meet all legal requirements, sends them via trackable delivery, and tracks responses automatically. If the letter is ignored, it seamlessly files a court claim for you (no additional work required).

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What is a letter before action? | Letter Before Action | Garfield Help