Question

How does the small claims process actually work?

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Answer

The small claims track is a deliberately simplified part of the county court system, designed so ordinary people can pursue modest disputes without a lawyer.

What it covers. In England and Wales, most money claims up to £10,000 are allocated to the small claims track, with a lower limit of £1,000 for personal injury and housing disrepair. Typical cases are unpaid invoices, faulty goods and services, deposit disputes and minor damage.

The process:

Write first. Courts expect you to have tried to resolve it. A clear letter setting out what you want, why, and a deadline is not just courtesy — an unreasonable refusal to engage can affect costs.

Issue the claim, usually online through Money Claim Online. You pay a court fee scaled to the amount claimed, which you can recover if you win.

The defendant responds within a set period. They may pay, admit, defend, or ignore it — in which case you can request judgment in default.

Mediation is offered and is often free for small claims. A substantial proportion settle here, which is faster and less stressful than a hearing.

The hearing is informal, usually before a district judge, often lasting under an hour, sometimes by telephone or video.

The crucial feature: costs are limited. Win or lose, you generally cannot be ordered to pay the other side's legal fees beyond fixed minor amounts. That is what makes it usable — the downside risk is broadly your own fee and time.

Winning is not the same as being paid. A judgment is an order, not money. Enforcement — bailiffs, attachment of earnings, charging orders — costs more and may fail if the defendant has nothing. Check they are solvent before you start.

General information about England and Wales only.

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