UK Small Claims Court: How to File a Money Claim Online, Court Fees, and Enforcement of Judgments

The small claims track represents one of the most accessible and affordable means for individuals and small businesses to recover money in the English civil courts. Whether you are chasing an unpaid invoice, recovering a deposit, or seeking compensation for breach of contract, the small claims process offers a streamlined alternative to traditional litigation. This guide explains the entire process from initial claim to enforcement of judgment, with practical advice on fees, timescales, and the procedural steps you must follow.

Understanding the Small Claims Track

The small claims track is a procedure governed by Part 27 of the Civil Procedure Rules for claims in the County Court up to £10,000 in value. This track exists in England and Wales only. It is designed to provide a simpler, faster, and more cost-effective route for resolving disputes than the standard or fast tracks used in higher-value claims.

Once a claim is issued in the County Court, the court will automatically allocate it to the small claims track if the value falls within the £10,000 limit and the case is suitable for that track. This means your case will not proceed down the complex fast-track or multi-track routes. The small claims track emphasises fairness and proportionality. Claims below £300 fall into the small claims track with limited exceptions. Claims between £300 and £10,000 will typically be allocated to small claims unless they involve particular complexity, such as claims for professional negligence, disputes over title to land, or allegations of fraud.

Importantly, the small claims hearing is informal. Judges do not wear robes and the atmosphere is deliberately relaxed to allow unrepresented parties to present their cases fairly. Legal costs recovery is limited, which means you cannot recover solicitor fees or counsel fees even if you win, though you can recover your court fees and certain disbursements.

Pre-Action Protocol and the Letter Before Action

Before issuing any claim, you must comply with the Pre-Action Protocol for debt claims (for contract disputes and debts) or the appropriate protocol for your type of claim. The protocol requires you to send a formal "Letter Before Action" to the defendant. This letter must set out the claim clearly, the amount, the date of the breach or incident, and allow the defendant 30 days to respond.

The purpose is to encourage settlement without court proceedings. Failure to follow the Pre-Action Protocol can result in penalties from the court, including an order that you pay the defendant's costs or costs sanctions applied to your award. Courts take this seriously because the system aims to resolve disputes efficiently at an early stage.

Your Letter Before Action should be clear and professional. It must explain the basis of your claim, detail the remedy sought, and set out a reasonable deadline for payment or response. Once sent, you should keep a copy and evidence of dispatch. If the defendant does not respond adequately within the prescribed period, you may then proceed to issue your claim.

Filing Your Claim Online via Money Claim Online

The easiest and fastest way to file a small claims money claim is through Money Claim Online (MCOL) at moneyclaims.service.gov.uk. This service allows you to issue claims online without visiting a court office. The system guides you through the process step-by-step, requiring you to input details of your claim, your evidence, and the defendant's contact information.

To file online, you will need to create an account and register your details. You must then provide information about your claim, including the nature of the dispute, the amount claimed, the date the debt or breach occurred, and details of any payments made. The online system will verify your details and allow you to review the claim before submission.

Once filed, you will receive an acknowledgment of service immediately. MCOL will then serve the claim on the defendant. You do not need to print or post the claim yourself. The defendant will be served electronically or by post depending on the details you provide and the method the court selects. An online claim typically reaches the court within one working day of submission.

You may also file a claim at the County Court office by post or in person if you prefer, though online filing is substantially faster and removes the risk of postal delays. All County Courts now accept online claims through the MCOL service.

Court Fees for Small Claims in 2026

Court fees for small claims are graduated according to the amount claimed. These fees are set by the Ministry of Justice and revised periodically. As of 2026, the current fee structure is as follows:

• Up to £300: £35
• £300 to £500: £50
• £500 to £1,000: £70
• £1,000 to £1,500: £115
• £1,500 to £3,000: £205
• £3,000 to £5,000: £305
• £5,001 to £10,000: £455

These are the fees payable at the point of issue. Importantly, since the reforms introduced in 2016, there is no hearing fee for small claims cases. This represents a significant cost saving compared to higher-value claims where hearing fees can be substantial.

If you are successful in your claim, you can recover the court fee as part of your costs award. The court will order the defendant to repay your filing fee to you. However, you should be aware that legal costs recovery in small claims is capped, and you cannot recover solicitor fees or barrister fees. You can only recover fixed costs for issuing the claim and serving it, plus reasonable disbursements such as expert fees if the court has permitted expert evidence.

Help with Fees Scheme

If you cannot afford the court fee, you may be eligible for the Help with Fees scheme. You can apply using form EX160, which is available on the GOV.UK website. The scheme is a means-tested benefit that can either reduce your fee or remit it entirely depending on your income and capital.

To apply, you will need to provide evidence of your income and financial circumstances. If your household income is below certain thresholds, you will qualify for help. The application can be made online or by post, and the court will assess your application and notify you of the outcome before you are required to pay the full fee.

The Help with Fees scheme applies to all civil claims in the County Courts, not just small claims. It is a valuable lifeline for those with limited financial resources who would otherwise be unable to access justice.

The Claims Process: From Issue to Hearing

Once your claim is issued, the process follows a set sequence. The defendant has 14 days from service to respond to the claim. The response options are limited. The defendant can admit the claim in full, admit part of it, dispute it entirely, or fail to respond at all.

If the defendant admits the full amount, you can apply for judgment by admission without a hearing. The court will enter judgment and you can then proceed to enforce it if necessary.

If the defendant disputes the claim or fails to respond, the case will proceed to the next stage. The court will send both parties a directions questionnaire to complete. This questionnaire asks about the nature of the dispute, whether settlement is possible, what evidence will be required, and whether any expert evidence is needed. Based on the responses, the court will issue directions governing the case and will fix a hearing date.

In a contested small claims case, the typical timescale is between four and eight months from issue to hearing. If the defendant defaults (fails to respond), you can apply for default judgment, which can be obtained in as little as two to four weeks.

The small claims hearing itself is conducted informally. The judge will have read the statements and evidence before the hearing. You will have the opportunity to present your case, and the defendant will present theirs. Witnesses may attend to give evidence, though many small claims are decided on written evidence alone.

Mediation and Alternative Dispute Resolution

In recent years, the courts have placed increased emphasis on mediation in small claims. When a claim is defended, the court may refer the parties to mediation before proceeding to a hearing. Mediation is a process in which a neutral third party assists the parties in reaching a settlement. It is voluntary, but the court may impose costs sanctions on a party who unreasonably refuses mediation.

Many disputes are resolved through mediation, saving time and costs for both parties. If mediation is unsuccessful, the case will proceed to a hearing. However, if you have engaged in good faith in mediation, the judge will not penalise you in costs.

The Small Claims Hearing

The hearing in a small claims case is the final stage before judgment. As noted, it is informal. The judge will sit at a table rather than on the bench and will not wear a wig or robes. The court room may be less formal than in other civil proceedings.

Both parties will have the opportunity to present their case. You do not need legal representation. Many litigants in small claims appear in person. If you do instruct a solicitor or barrister, they will present the case on your behalf. However, the costs of legal representation cannot be recovered from the other party, so you bear the cost regardless of the outcome unless you have insurance or the defendant has agreed otherwise.

The judge will hear oral evidence, consider written statements (often referred to as witness statements), and review any documentary evidence. After the hearing, the judge will either give judgment immediately or reserve judgment to consider the evidence further. If judgment is reserved, the judge will issue a written decision within a few weeks.

Default Judgment

If the defendant fails to respond to your claim within 14 days of service, you can apply for default judgment. This is a judgment obtained without a hearing because the defendant has failed to defend the case. To obtain default judgment, you must apply to the court, typically online, and the court will review your application.

Default judgment is not automatic. The court will check that the claim was properly served and that no response has been received within the time limit. Once satisfied, the court will enter judgment in your favour for the amount claimed plus court fees and interest if applicable.

Default judgment can be obtained quickly, sometimes within two to four weeks of issue, provided the defendant does not respond. This offers a significant advantage for claimants where they are confident the defendant will not defend the case.

However, the defendant may apply to set aside a default judgment within 14 days if they can show a defence or if there is a good reason for the failure to respond, such as non-service. Courts are relatively willing to set aside default judgments where the defendant has a plausible defence and can explain the delay.

Enforcement of County Court Judgments

Obtaining a judgment is one thing. Enforcing it is another. If the defendant does not pay voluntarily, you have several enforcement mechanisms available under County Court procedure. The main options are as follows.

A warrant of control is the most common enforcement method. This is essentially a court order allowing a bailiff to attend the defendant's premises and seize goods of equivalent value to the judgment debt. The bailiff will attempt to seize items that can be sold to raise funds for payment. Before a warrant is issued, the bailiff will give the defendant seven days' notice to pay. Only if payment is not made will the bailiff execute the warrant. The costs of enforcement are also recoverable from the defendant.

An attachment of earnings order is available where the defendant is employed. The court orders the defendant's employer to deduct a specified amount from the defendant's wages each week and pay it to the court. This is a reliable method where the defendant is in stable employment, as the employer is legally bound to comply with the order. The amount deducted is set at a level that allows the defendant to meet essential living expenses while ensuring consistent payment towards the judgment debt.

A third party debt order allows you to recover money that the defendant holds in a bank account or is owed by a third party. You must first obtain information about the defendant's assets, then apply to the court for an order freezing funds in an identified account. The bank then pays the money directly to the court, which releases it to you. This method is effective where the defendant has substantial liquid assets.

A charging order places a charge on the defendant's property. This does not immediately give you access to the funds but secures your position. If the defendant sells the property, the proceeds will be applied to satisfy the judgment. You can then apply for an order for sale if the defendant refuses to settle the debt.

Before using any enforcement mechanism, you must obtain an "Enforcement Information Order" requiring the defendant to disclose their assets. This is essential information that helps you choose the most appropriate enforcement method.

Timescales and Practical Considerations

As outlined above, a contested small claims case typically takes four to eight months from issue to hearing. A default judgment case can be completed in two to four weeks. Enforcement can take a further few weeks to several months depending on the method used and the defendant's cooperation.

The speed of your case will depend on factors including the complexity of the dispute, the volume of evidence, whether expert evidence is required, and the court's availability. Some courts are busier than others, and this affects hearing dates. During busy periods, you may face longer delays.

You should factor in time for gathering evidence, preparing your case, and potentially engaging with mediation. While the procedure is designed to be quick, you should not expect a resolution within a few weeks unless the defendant defaults or admits the claim immediately.

Jurisdiction and Territorial Scope

The small claims track, as described in this guide, applies only in England and Wales. Scotland and Northern Ireland have their own court systems and procedures. In Scotland, small claims are handled differently under the Scottish Small Claims procedure. Northern Ireland has its own County Courts with similar but distinct rules.

If you have a claim against a defendant in Scotland or Northern Ireland, you would need to follow the procedures applicable in that jurisdiction. This guide covers the procedure for claims in England and Wales County Courts only.

Key Takeaways

The small claims track offers an accessible and affordable way to recover money up to £10,000. Filing online through MCOL is straightforward and quick. Court fees are modest and are recoverable if you win. The Pre-Action Protocol is mandatory and failure to follow it can lead to costs sanctions. The procedure is informal and designed to be fair to unrepresented parties. Default judgment provides a fast route to judgment if the defendant does not respond. Once you have judgment, various enforcement mechanisms are available, though the defendant may comply voluntarily. Most claims take between four and eight months, but default cases are much faster.

If you are contemplating a small claims action, start by sending a proper Letter Before Action. This gives the defendant a fair opportunity to settle and protects your position if the case proceeds to court. If you need guidance on the substance of your claim or the procedural steps, seek advice from a solicitor. Many offer fixed-fee advice for small claims matters.