Small Claims Court UK: How to Sue Someone Without a Solicitor

Taking someone to court doesn't require a solicitor, and the Small Claims Court exists precisely to help ordinary people resolve disputes without expensive legal fees. Whether you're owed money for an unpaid invoice, a faulty product, or a broken contract, you can represent yourself and pursue your claim through this straightforward system. This guide walks you through every step of the process, from preparing your case to winning your judgment.

What Is the Small Claims Court?

The Small Claims Court, formally known as the Small Claims Track, is a division of the county court system designed to handle disputes involving smaller amounts of money in a simple, accessible way. You can claim up to £10,000 for most disputes, though personal injury claims are limited to £1,000. The system deliberately avoids the formality and expense of traditional litigation, making it possible for individuals and small businesses to seek justice without professional representation.

Common disputes handled by the Small Claims Court include unpaid invoices, defective products, tenancy disagreements, and minor contract breaches. The informal nature of the proceedings means you won't face aggressive cross-examination or complex legal arguments—you simply present your evidence to a judge who'll decide the case based on the facts.

Before You File: Essential Preparation Steps

Send a Letter Before Action

Before you can file a claim, you must make a genuine attempt to settle the matter privately. This is a legal requirement, and the court will expect to see evidence that you've tried to resolve things first. You'll need to write a formal letter (called a "Letter Before Action" or "Letter Before Claim") that sets out:

• What the dispute is about
• How much you're claiming and why
• What you want (payment, refund, repair, etc.)
• A deadline for the other party to respond (typically 14–30 days)
• A clear warning that you'll take court action if they don't respond

For debt claims against individuals, the Pre-Action Protocol for Debt Claims specifies that you should give 30 days for a response. Keep a copy of this letter and proof that you sent it—you'll need this when you file your claim.

Consider Mediation

The court actively encourages mediation before disputes reach a hearing. The free Small Claims Mediation Service offers a neutral space where both parties can negotiate with the help of a mediator. This service is available for claims under £10,000 and can often resolve disputes more quickly and cheaply than court proceedings. If you fail to engage with mediation when offered, the court may penalise you with costs even if you eventually win.

Filing Your Claim

Gather Your Information

Before you start the paperwork, collect everything you need to prove your case:

• The exact amount you're claiming
• Evidence of what you're owed (invoices, receipts, contracts, emails)
• Proof of the other party's identity and contact details
• Your Letter Before Action and evidence it was delivered
• Any communications showing attempts to resolve the dispute

Choose Your Filing Method

You can file your claim in two ways:

• Online via Money Claim Online (MCOL): This is the modern, streamlined approach and is generally faster than paper filing. You'll complete your claim form online and pay the fee immediately.
• By post using the N1 form: If you prefer, you can download the N1 form from your local county court or the HM Courts & Tribunals Service website, fill it in by hand, and send it with a cheque or postal order to the Civil National Business Centre.

Pay the Court Fee

Court fees scale with the amount you're claiming. Here's what you'll typically pay:

• Claims under £300: £35
• Claims £300–£500: £50
• Claims £500–£1,000: £70
• Claims £1,000–£5,000: £115
• Claims £5,000–£10,000: £455

If you're on a low income, you may qualify for fee assistance from the court. Contact your local county court or check the gov.uk website for eligibility criteria.

What Happens After You File

The Defendant's Response

Once your claim is filed, the defendant (the person you're suing) has 14 days to respond. They can:

• Pay your claim in full
• Admit part of the claim
• Defend the claim completely
• File a counterclaim against you

If they pay or don't respond, your case may be resolved without a hearing. If they defend the claim, the process moves to the next stage.

The Directions Questionnaire

If your claim is defended, the court will send both parties a Directions Questionnaire (Form N180). This form helps the judge decide where and how the case should be heard. You'll need to provide information about:

• Dates you're unavailable (holidays, medical appointments)
• Whether you want a hearing or a paper-based decision
• Any other relevant details about the case

This deadline is critical: if you miss the date specified on the form, your claim can be struck out and you'll lose automatically. Mark this date in your calendar and set a reminder.

Compulsory Mediation

Before your case reaches a hearing, the court will offer compulsory telephone mediation at no extra charge (it's covered by your initial fee). A mediator from HM Courts & Tribunals Service will contact you to arrange a one-hour session where both parties can try to reach agreement. Most small claims cases are resolved this way, making it cheaper and quicker than a full hearing. If you fail to attend without good reason, the court may strike out your case or order you to pay all costs, even if you'd have won.

Preparing for Your Hearing

Organise Your Evidence

If mediation doesn't resolve your case, you'll prepare for a hearing. Start by organising all your documents in chronological order. Create a Court Bundle—a clearly labelled file containing copies of every piece of evidence you'll rely on, numbered and indexed for easy reference. This might include:

• Contracts or agreements
• Invoices and receipts
• Email correspondence
• Photographs or videos of damage
• Witness statements
• Expert reports (if relevant)

You must share this bundle with the other party and the court no later than 14 days before your hearing.

Prepare Your Statement

Write a clear, factual account of what happened. Stick to the facts, avoid emotional language, and explain why you're entitled to the money you're claiming. Your statement should follow a logical timeline and reference your evidence.

Plan Your Presentation

Small claims hearings are informal, but preparation is key to success. Plan how you'll present your case clearly and concisely. Expect the hearing to last 60–90 minutes. You'll present your evidence, the defendant will present theirs, and you'll each have a chance to respond to the other's arguments.

At the Hearing

Arrive early and dress smartly—judges notice these things. You'll sit in an informal courtroom with the judge, the defendant, and possibly a court officer. The judge will likely ask you to confirm the details of your claim, then you'll present your case. Speak clearly, stick to the facts, and reference your evidence. The defendant will do the same, and you'll have a chance to respond to their arguments.

You can ask the defendant questions about their version of events (called cross-examination), and they can ask you questions too. Keep your tone professional and avoid becoming emotional or aggressive, even if the other party does.

The Judgment

In most cases, the judge will give their decision immediately after the hearing ends. If you win, the judge will order the defendant to pay a specific sum, usually within 14 days. If you lose, you'll be told why and what your options are (including whether you can appeal).

Keep a copy of the judgment order—you'll need it if the defendant doesn't pay and you have to pursue enforcement action.

If the Defendant Won't Pay

Winning your case is one thing; getting paid is another. If the defendant ignores the judgment, you can pursue enforcement action through the court. Options include requesting a warrant of execution (where court bailiffs collect the money) or obtaining an attachment of earnings order (which deducts money from their wages). These processes involve additional fees and paperwork, so it's worth trying to negotiate payment first.

Timeline and Costs

Most small claims cases are resolved within 3–6 months, though this depends on whether the claim is defended and whether mediation is successful. Filing online through MCOL is generally faster than paper claims.

Your total costs will include the court fee (£35–£455 depending on the claim amount) plus any expenses you incur preparing your case, such as photocopying, postage, or travel to court. If you win, you can ask the court to order the defendant to reimburse some of these costs, though the court won't order them to pay your full expenses or any lost wages.

Next Steps

If you're considering a small claim, start by reviewing your evidence and sending a Letter Before Action to the other party. Give them a fair opportunity to settle—many disputes are resolved at this stage without needing court involvement. If they don't respond or refuse to pay, gather your documents, pay the court fee, and file your claim through Money Claim Online. Remember to meet every court deadline, prepare thoroughly, and take mediation seriously. The Small Claims Court exists to give ordinary people access to justice without breaking the bank. With preparation and a clear head, you can present your case effectively and recover what you're owed.