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.

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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

  1. 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.
  2. 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.
  3. If they do not respond, you can ask the court for “judgment by default” — you win automatically.
  4. If they defend a claim for a fixed sum of money of £10,000 or less, it will usually be referred automatically to the free Small Claims Mediation Service. You and the defendant must each attend a phone appointment of up to one hour with a court mediator (see mediation below).
  5. If it is not settled, there is a short, informal hearing before a judge. You present your evidence; you do not need a lawyer.
  6. The judge decides and, if you win, orders the defendant to pay.

Mediation: when you must attend

In England and Wales, most defended small claims for a fixed sum of money now go to compulsory mediation before a hearing. This is a pilot scheme that applies to claims issued from 22 May 2024 and runs until 6 April 2027. For claims made through the online Civil Money Claims service, it applies to claims submitted from 11am on 5 November 2024.

How it works for a typical consumer refund claim:

  • once the defence is in (and, for online claims, you confirm you want to go ahead), the court refers the claim to the Small Claims Mediation Service and gives you a date and time for a phone appointment;
  • a mediator speaks to each side separately to help you reach an agreement; it is free and confidential, and what is said cannot be mentioned at the hearing;
  • if you agree a settlement, it is legally binding; if you do not, the claim goes on to a hearing as normal.

Missing mediation can cost you. If you are told you must attend and you do not, or you do not make a real effort to reach an agreement, the judge can sanction you. According to GOV.UK, sanctions can include your case being struck out or paying court costs even if you win, and the judge can take it into account when deciding who pays costs. If you cannot attend, tell the court why as soon as possible.

Whether the scheme applies depends on how the claim was made, when it was issued and what you are asking for. It covers small claims for a specified sum of money. It does not cover claims for something other than money (for example, an order to return goods), and personal injury claims are excluded. Road traffic claims made outside the online service are also excluded. Since 1 October 2026, road traffic claims made through the online service that do not involve personal injury (for example, damage to a car) can be included. If you are not sure, check your court paperwork or ask the court.

This applies to the County Court in England and Wales only. Scotland’s simple procedure and Northern Ireland’s small claims process have their own rules.

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 the claim is referred automatically to the free Small Claims Mediation Service. You both attend the one-hour phone appointment but cannot agree, so the claim goes to a hearing. 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 usually lower-risk than other court cases because the court can only order the losing side to pay a limited list of the other side’s costs. Ordinary legal fees are normally excluded. But if you lose, you can still be ordered to pay:

  • the other side’s court fees;
  • limited expenses, such as reasonable travel costs, capped sums for lost earnings and capped expert fees;
  • further costs if you behaved unreasonably during the case.
    In claims covered by the mediation scheme, failing to attend mediation can count against you (see mediation above).

You can also 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.