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Wednesday, 3 October 2023

Making a court claim for money: an introduction

If someone owes you money and won't pay, you can make a court claim to try and get your money back. You can do this online, or download a form. Find out how to make a court claim for money you’re owed.

Alternatives to court

Watch a video on how mediation can help you solve a dispute

Taking legal action should be a last resort if other options don’t work. First see if you can:

  • speak or write to the person or organisation you’re in dispute with
  • try an alternative to court, such as ‘mediation’

Mediation is when someone helps two sides work out a solution to a dispute, and can be quicker and cheaper than going to court.

Before making a claim

You must give the other party a chance to pay by sending a final warning letter.

Risks of taking court action

Taking court action can take months and can be expensive

Taking court action can take months, and can be expensive

You may have to:

  • pay court fees
  • spend time getting your case ready
  • go to a hearing

You may have to go back to court, and pay another fee, to enforce a judgment if you win but the other side won't pay. The person who owes you money may be unable to pay if they're unemployed or bankrupt, or the company has been wound up.

If you're unsure about going ahead with a claim, seek legal advice.

How to make a claim

To make a court claim, you can:

  • use the Money Claim Online website
  • download a form

It can be quicker and easier to make the claim online, which you can do in most cases.

Getting help with the claim forms

Read the guidance notes that come with each form, and make sure you fill out the forms properly.

Court staff can't help you, but you can get free legal help and advice from Citizens Advice.

Working out the interest on money you're owed

You can claim interest on the money you're owed. This is usually 8 per cent per year. To work out the interest, follow these steps:

Step one: work out the yearly interest

Take the amount you're claiming for and multiply it by 0.08 (that is, 8 per cent).

For example, if you were claiming for £1,000, the annual interest on this would be £80 (1000 x 0.08 = 80).

Step two: work out the daily interest

Divide your yearly interest from step one by 365 (the number of days in a year).

In the example above, you would divide £80 by 365 to get the daily interest, which would be about 22p a day (80 / 365 = 0.2192).

Step three: work out the total amount of interest

Multiply the daily interest from step two by the number of days the debt has been owed to you.

In the above example, after 50 days this would be £10.96 (50 x 0.2192).

If you need help working out your interest, contact Citizens Advice.

Paying the court fee

You must pay by debit or credit card if you're claiming online

You will have to have to pay a court fee when you make a claim.

You may be able to get help with your fees if you're on means-tested benefits, like Income Support. Read the leaflet ‘Court fees - do I need to pay them?’

The fee is based on the amount you are claiming, including interest.

Using Money Claim Online will be cheaper than sending the paper form. However, you can’t use Money Claim Online if you’re getting help with your fees.

Fees for claims using paper form or Money Claim Online

claim amount if you use paper form if you use Money Claim Online
up to £300 £35 £25
£300.01 to £500 £50 £35
£500.01 to £1,000 £70 £60
£1,000.01 to £1,500 £80 £70
£1,500.01 to £3,000 £95 £80
£3,000.01 to £5,000 £120 £100
£5,000.01 to £15,000 £245 £210
£15,000.01 to £50,000 £395 £340
£50,000.01 to £100,000 £685 £595

You can only claim up to £100,000 using Money Claim Online.

Fees for making a claim worth more than £100,000

claim amount court fee
£100,000.01 to £150,000 £885
£150,000.01 to £200,000 £1,080
£200,000.01 to £250,000 £1,275
£250,000.01 to £300,000 £1,475
more than £300,000 £1,670

If you’re claiming online you must pay by credit or debit card, and fees can't be refunded.

If you’re using the paper form, you can pay using cash, a postal order or a cheque. Cheques should be made payable to 'HM Courts & Tribunals Service'.

You may have to pay extra court fees later on - for example, if there is a court hearing.

Where to send the claim form

When you’ve filled in the form you need to send it to the following address:

County Court Money Claims Centre
PO Box 527
Salford
M5 0BY

Keep your own copy of the form.

After you’ve made your claim

The person you’re making a claim against - the 'defendant' - will get a copy of the claim form, and a response pack (forms and guidance notes).

You will be told if the claim form and response pack is returned unopened. The claim will still be valid if the address used is the last or only known address of the defendant.

You can read more about what to do when the defendant responds to the claim using the links below.

Additional links

What happens at mediation?

Watch a video on how mediation can help you solve a dispute

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