CASE FILE — CORE PROCESS
How To Make A Claim
The small claims procedure in six stages, from letter before action to enforcement.
A small claim moves through five stages: pre-action correspondence, filing, the defendant's response, allocation and mediation, and — where the claim is not resolved — a hearing and judgment. Each stage carries its own deadlines. Missing one does not end the claim, but it costs time the claimant does not get back.
Before Filing
A claimant sends a letter before action before issuing proceedings. Where the claim is a debt owed by an individual or sole trader, the Pre-Action Protocol for Debt Claims applies and sets a 30-day response window. For other claims, the Practice Direction on Pre-Action Conduct applies: the claimant states the claim in writing and gives the defendant a reasonable period to respond before issuing.
See REC-02 — Letter Before Action for what the letter must contain.
Filing The Claim
Money claims up to £10,000 are filed through Money Claim Online (MCOL). Claims for something other than money — repair, replacement, or a non-monetary remedy — are filed on paper using form N1. MCOL is filed and paid for online; the fee is set by the value of the claim.
See REC-05 — Money Claim Online for the filing procedure, and REC-04 — Court Fees for the fee schedule.
After Filing
Once served, the defendant has 14 days to respond. Filing an acknowledgment of service within that period extends the response deadline to 28 days from service. The defendant can pay in full, admit the claim in part, dispute it, or do nothing. If the defendant does not respond, the claimant can apply for default judgment.
Where a defence is filed, both parties complete a directions questionnaire and the claim is allocated to a track. Claims up to £10,000 are normally allocated to the small claims track. Once directions questionnaires are filed, most money claims under £10,000 are automatically referred to the Small Claims Mediation Service. Attendance at the mediation appointment is compulsory; reaching a settlement is not.
See REC-12 — Mediation for how the referral works.
Hearing And Judgment
If mediation does not resolve the claim, the court lists a hearing. Small claims hearings are informal: strict rules of evidence do not apply, and most parties represent themselves. The judge gives a decision at, or shortly after, the hearing.
A judgment in the claimant's favour does not guarantee payment. If the defendant does not pay voluntarily, the claimant must apply separately for enforcement.
See REC-06 — The Hearing and REC-07 — Enforcement.