A Letter Before Action (also sometimes 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 or not award you everything that you are due.
It often works. The majority 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 30 days)
- Warning of court action if they don't pay or respond
You can also attach copies of evidence: invoices, contracts, emails, or anything that proves the debt. Plus, for Letters before Action sent to individuals, you need to attach various Court forms that the Pre-Action Protocol requires.
How to send it
Post is essential. It's what the Pre-Action Protocol requires.
You can also email a copy for speed, but the 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 by email and post, and tracks responses automatically. If the letter is ignored, it seamlessly files a court claim for you (no additional work required).