Why you probably should not hire me for this
Claims up to £10,000 are allocated to the small claims track. On that track the rules deliberately restrict what a winning party can recover: court fees, limited fixed costs, some expenses, but not the cost of instructing a solicitor.
So if you pay someone to recover a £3,000 invoice, you are paying that yourself out of the £3,000. For a straightforward, undisputed debt the arithmetic almost never works. The rest of this page is how to do it without me.
Step one: the letter before action
This comes first, always. The courts expect a claimant to set out the claim and give the other side a chance to respond before issuing. Skipping it can be penalised even where costs are otherwise restricted — see the full guide to what it must contain.
How long you give depends on who owes you, and this catches people out: an individual or sole trader gets 30 days under the Pre-Action Protocol for Debt Claims, with three mandatory enclosures. A limited company gets no fixed period, and 14 days is normally reasonable.
The letter must set out
- The amount claimed, broken down.
- The basis of the debt — invoice numbers, dates, the contract or agreement.
- Whether interest is running, and at what rate.
- How to pay and how to get in touch.
- A deadline, and what happens if it passes.
- An invitation to explain any dispute in writing.
Step two: issuing the claim
- 01Online
Use Money Claim Online
MCOL handles claims for a fixed sum up to £100,000 against a defendant with an address in England or Wales. It is cheaper than a paper claim and considerably faster.
- 02On issue
Pay the issue fee
It scales with the amount claimed. You pay it up front and add it to the claim. It is recoverable from the defendant if you win.
- 0314–28 days
Wait for the response
The defendant has 14 days to respond, or 28 if they file an acknowledgement of service. They may pay, admit, offer instalments, or defend.
- 04Varies
Judgment, or a hearing
No response means you can request judgment in default. A defence means allocation to the small claims track and a hearing, usually short and informal.
What you can and cannot recover
Recoverable if you win
- The court issue fee
- The hearing fee
- Statutory or contractual interest
- Fixed commencement costs, where they apply
- Limited witness expenses and loss of earnings
Not recoverable on the small claims track
- Solicitor's fees for running the claim
- Time you spent preparing it
- Most expert evidence, unless the court permits it
- The cost of any pre-action advice
Where I do help, and what it costs
- Letter before action, drafted and served
- £75
- County court claim, £1,000–£3,000
- £215
- Defended claim under £5,000
- £495
- Defended claim, £5,000–£7,500
- £995
- Replying to a defence
- £295
Plus 15% of sums recovered
Fixed, plus court fee
Fixed, hearings charged hourly
Fixed
Fixed
All figures include VAT. Court fees are set by HMCTS and are additional, but recoverable from the defendant if you succeed.
The £75 letter is the one that usually pays for itself. Most debts settle at that stage, and a solicitor's letter is taken more seriously than a fifth reminder from the same accounts inbox. Beyond that, on a small claim, you are generally better off doing it yourself.
Common questions
Do I need a solicitor for a small claim?
Usually not. On the small claims track you cannot normally recover the cost of instructing one even if you win, so for a straightforward undisputed debt under £10,000 the fees come out of your own recovery. It becomes worth paying if the claim is defended, if enforcement is needed afterwards, or if the value takes it off the small claims track.
Do I have to send a letter before action for a small claim?
Yes. The court expects the claim to be set out and the other side given a chance to respond before proceedings are issued. Failing to do so can be penalised even where costs are otherwise restricted.
How long do I give them to respond?
30 days if the debtor is an individual or sole trader, because the Pre-Action Protocol for Debt Claims applies and requires three enclosures. For a limited company there is no fixed period and 14 days is normally reasonable.
What is the small claims limit?
£10,000 for most money claims. Above that a claim is usually allocated to the fast track or intermediate track, where costs recovery works differently and instructing a solicitor becomes more economic.
Can I claim interest on a small claim?
Yes, and you should. Commercial debts carry statutory interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998 unless the contract provides otherwise. It must be claimed rather than assumed.
What happens if I win and they still do not pay?
A judgment is not payment. You then need to enforce it — bailiffs, a charging order, attachment of earnings or a third party debt order, depending on what the debtor has. That is where paying for help usually does make sense.
This page states the law of England & Wales as at 18 August 2026. It is general information, not advice on your matter, and reading it does not create a solicitor-client relationship.