Small Claims Court: How to Take a Company to Court (2026)

If a company owes you money — a refund for faulty goods, a returned
deposit, compensation for poor service — and will not pay, you can take
them to court yourself through the small claims track. It is
designed to be used without a solicitor, the fees are modest,
and most of it can be done online. This guide explains when to use it, how
much it costs, the step-by-step process, and how to enforce a judgment if the
company still will not pay, with a full worked example.

What is the small claims court?

There is no separate “small claims court” — it is the
small claims track of the County Court in England and Wales,
for straightforward claims worth up to £10,000. It is
deliberately informal so ordinary people can bring a claim without a lawyer.
(Scotland uses the simple procedure and Northern Ireland its own
small claims process, with different limits.)

Typical small claims include:

a refund for faulty goods or a botched service under the
Consumer Rights Act 2015
a deposit a landlord or trader will not return
money owed to you by a business or individual
compensation for a service that was not carried out with reasonable care and
skill

Before you go to court: try to settle first

Court should be a last resort, and the rules expect you to try to resolve
things first. Before issuing a claim you should:

Complain formally to the company and give them a chance to
put it right — our
letter templates can help.
Use any free redress scheme that applies — for
example the
Financial Ombudsman for
financial firms, or another
ombudsman. These are free
and lower-risk than court.
Send a “letter before claim” (also called a
letter before action) — a final written warning stating what you want,
giving a deadline (usually 14 days), and saying you will start court
proceedings if they do not respond. This is a required step under the
court’s pre-action rules.

How much does it cost?

You pay a court issue fee when you start a claim, based on
how much you are claiming. If you make the claim online the fee is calculated
for you. The current issue fees are:

Up to £300 — £35
£300.01 to £500 — £50
£500.01 to £1,000 — £70
£1,000.01 to £1,500 — £80
£1,500.01 to £3,000 — £115
£3,000.01 to £5,000 — £205
£5,000.01 to £10,000 — £455

There may be a further hearing fee if the case goes to a
hearing. Importantly, if you win, the court will usually
order the other side to repay your court fees on top of the amount claimed. If
you are on a low income or certain benefits you may get
help with court fees.

How to make a claim, step by step

Claim online. Use the government’s
Money Claim Online / Online Civil Money Claims
service. Set out who you are claiming from, how much, and why.
The claim is served on the defendant, who has
14 days to respond (they can ask for up to 28 days in
total). They can pay, admit part, defend, or ignore it.
If they do not respond, you can ask the court for
“judgment by default” — you win automatically.
If they defend, the case is usually allocated to the small
claims track and you may be offered the
free Small Claims Mediation Service to try to settle by
phone.
If it is not settled, there is a short, informal hearing
before a judge. You present your evidence; you do not need a lawyer.
The judge decides and, if you win, orders the defendant to
pay.

What if they still do not pay?

Winning is not the same as being paid. If the defendant ignores the judgment,
you can pay a further fee to enforce it, for example by:

sending County Court bailiffs (a warrant of control) to
seize goods;
an attachment of earnings order, taking the money from
their wages;
a charging order against property they own.

Enforcement fees can also usually be added to what the defendant owes you.

Worked example

You buy a sofa for £1,200. Within weeks the frame
cracks. Under the Consumer Rights Act 2015 the retailer must repair, replace
or refund it, but they refuse, blaming “misuse”. You send a
letter before claim giving them 14 days to refund you and
warning of court action. They ignore it.

You start a claim online for £1,200 and pay the
£80 issue fee. The retailer files a defence, so you are
offered free mediation, which fails. At a 30-minute hearing you show the judge
your receipt, photos of the cracked frame and an independent assessment. The
judge finds the sofa was not of satisfactory quality and orders the retailer
to pay you the £1,200 plus the £80 court fee.
When they delay, you apply for a warrant of control and the bailiffs recover
the money.

Weighing up the risk

Small claims are lower-risk than other court cases: you generally
cannot be ordered to pay the other side’s legal costs
if you lose (only limited expenses), so you will not face a large legal bill.
But you can lose your own court fee, and you should be realistic about whether
the defendant can actually pay. Check they are still trading before you spend
money enforcing a judgment.

Frequently asked questions

Do I need a solicitor?

No. The small claims track is designed to be used without one, and you usually
cannot recover solicitor costs even if you win, so most people represent
themselves.

How long does it take?

A defended claim commonly takes a few months from issue to hearing, though it
varies by court and whether mediation settles it first.

Should I use the ombudsman or the court?

If a free ombudsman scheme covers your dispute, try it first — it costs
nothing and is lower-risk. Court is the route when no ombudsman applies, or
the trader is not a member of one. You cannot pursue the same claim through
both to get paid twice.

What is the time limit?

For most claims for money or breach of contract you generally have
six years from when the problem arose to start a claim, but
do not leave it — evidence and traders’ whereabouts get harder to
pin down over time.

Sources

Last reviewed: September 2026. Court fees and rules change — confirm
the current figures on GOV.UK before you claim. Next step: send a
letter before claim first,
and check whether a free
ombudsman covers your
dispute.