Court Guide

How to Sue Someone in Small Claims Court UK

A plain-English guide for 2026 — from sending your first letter to collecting your money

23 March 202611 min readClaim Builder

Direct Answer

To sue someone in the UK small claims court: send a letter before action, gather your evidence, issue a claim through Money Claim Online, attend a hearing if the claim is defended, and enforce the judgment if the defendant still doesn't pay. No solicitor needed for claims up to £10,000.

Can You Actually Sue Someone Without a Solicitor?

Yes — and thousands of people do it every week in England and Wales. The small claims track was specifically designed to make the court system accessible to ordinary people without legal training.

£10,000

Claim Limit

Required

No Solicitor

4–6 months

Typical Timeline

How to Sue Someone: Step-by-Step

Send a Letter Before Action

Before issuing a claim, you must give the other party a formal final warning — typically 14 days to pay or respond. Courts expect this step and may penalise you on costs if it's skipped.

Gather Your Evidence

Collect everything that proves your case: invoices, contracts, text messages, emails, photos, bank records, and any previous correspondence. Organise your evidence chronologically.

Draft Your Particulars of Claim

Your particulars of claim is a written statement explaining what happened, how much you're owed, and why. Keep it factual, clear, and chronological.

Issue Your Claim via Money Claim Online

File your claim at gov.uk/make-money-claim. Pay the court fee. Once issued, the court serves the claim on the defendant by post.

Wait for the Defendant's Response

The defendant has 14 days to acknowledge the claim and up to 28 days to file a full defence. If they don't respond at all, apply immediately for a default judgment.

Attend the Hearing (if defended)

If the defendant files a defence, the court lists a hearing. Small claims hearings are informal — no wigs, no jargon. Simply arrive on time and present your evidence clearly.

Receive the Judgment

The court issues its decision. If in your favour, you receive a County Court Judgment specifying the amount owed and payment deadline.

Enforce if Necessary

Winning is step one — collecting is step two. If the defendant ignores the judgment, apply for enforcement: bailiffs, attachment of earnings, charging orders, or High Court transfer.

Small Claims Court Fees 2026

Claim Amount	Court Fee (Online)
Up to £300	£35
£300.01 – £500	£50
£500.01 – £1,000	£70
£1,000.01 – £1,500	£80
£1,500.01 – £3,000	£115
£3,000.01 – £5,000	£205
£5,000.01 – £10,000	£455

What if They Still Won't Pay After Judgment?

Winning the case is step one — collecting the money is step two.

The court will not automatically collect the money for you. If the defendant ignores the judgment, you must actively enforce it.

Warrant of Control

Court-appointed bailiffs attend the premises to seize goods up to the value of the debt.

Best for: sole traders, individuals with assets

Attachment of Earnings

Deductions are made directly from the debtor's wages each pay period.

Best for: employed individuals

Third-Party Debt Order

Freezes money held in the debtor's bank account and redirects it to you.

Best for: debtors with known bank accounts

High Court Enforcement (HCEO)

Transfer the CCJ to the High Court for enforcement by a High Court Enforcement Officer. More powerful than county court bailiffs.

Best for: debts over £600, limited companies

Frequently Asked Questions

How much does it cost to sue someone in the UK small claims court?

Court fees range from £35 for claims up to £300 to £455 for claims between £5,001 and £10,000. These fees are recoverable from the defendant if you win.

How long does it take to sue someone in UK small claims court?

From issuing the claim to a court hearing typically takes 4–6 months. If the defendant does not respond within 14 days, you can apply for a default judgment immediately — often within 2–4 weeks of issuing.

Can I sue someone who owes me money without a written contract?

Yes. Verbal agreements are legally binding in the UK. You can rely on text messages, emails, bank transfer records, witness statements, and your own account of events as evidence.

What is the maximum amount I can claim in small claims court UK?

The small claims track in England and Wales handles claims up to £10,000. Scotland has a separate simple procedure for claims up to £5,000.

Do I need a solicitor to sue someone in small claims court?

No. The small claims track is specifically designed for use without legal representation. Solicitor costs are generally not recoverable in small claims cases, so the DIY approach is almost always the most cost-effective.

What happens if I win but the person still refuses to pay?

You will need to enforce the judgment. Options include a warrant of control (sending bailiffs), attachment of earnings, a third-party debt order, or a charging order on property. Winning does not automatically guarantee payment.

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