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Before you go ahead with a claim

Before going ahead with a claim, decide if going to court is going to be worth it. It can be costly and you might not win. Even if you do, the other side might not pay up and you’ll need to go back to court to enforce your claim.

You could also try mediation to sort out your dispute. Mediation is when an impartial person helps two sides work out a solution to a problem. It can be quicker, easier to use and more informal than a court hearing.

• Mediation for small claims

How claims for less than £5,000 are dealt with

‘Small claims’ are money claims for £5,000 or less, and are usually heard in the ‘small claims track’ of the county court. You can usually represent yourself in court.

The judge decides what happens to a claim. They will look at:

• what both sides say
• the amount and type of claim
• how simple it will be to prepare the court hearing

You’ll be able to represent yourself without a solicitor if you wish to do so.

If the amount is over £5,000 but is a simple case and both sides want it heard as a small claim the judge may agree. In these cases the winning party can usually claim costs.

• The small claims track in civil courts Opens new window

Paying for your hearing

You’ll need to pay for your hearing. The fee depends on the amount you’re claiming.

If you’re on a low income or benefits you may not have to pay all or some of the costs. See the leaflet ‘Court fees - do I have to pay them?’, below, to find out if you can get help with court costs.

If you cancel the hearing at least seven days before the hearing you can get your money back.

• Court fees - do I have to pay them? Opens new window

Getting ready for your hearing

You’ll get documents from the court explaining the date and time of your hearing and what you’re expected to do and bring.

You can ask to change the date but you’ll have to pay a fee. If you do not wish to attend you can write to the judge and the defendant asking the court to decide the case without you.

Before the hearing:

• make sure you have sent the court and defendant copies of documents they have asked for
• check you can cover what you want to say in the time allowed
• confirm arrangements with any witnesses you’ve called

You will only be able to use an expert to give evidence if the judge allows it. You should contact the court before the hearing to ask permission.

Going to the hearing

Most people represent themselves at the small claims court but some choose to pay a solicitor.

You can take a ‘lay representative’ if you don’t have a solicitor. This could be someone you know, such as your partner. You could ask an advice worker (such as someone from Citizens Advice). You need the court’s permission to do this and you should contact the court before the hearing to ask permission.

If you have a disability which makes going to court or communicating difficult, please contact the court.

• Video: court hearings for claims below £5,000 - 'small claims'

• Find a legal adviser Opens new window

• Find a court Opens new window

• Contact the Citizens Advice Bureau Opens new window

What the hearing will be like

The hearing will be in the courtroom or the judge’s room. The judge will decide if the hearing should be held in private (for example, if confidential information is going to be discussed).

The hearing is informal so you will not have to take an oath and rules about evidence and cross-examination are more relaxed.

The judge will decide the outcome at the end of the hearing and you’ll get formal notice in the post. If you feel you have good reasons you can appeal against the judgment. You need the judge’s permission and you must apply within 21 days of the judgment being made.

Claiming costs if you win

As well as the amount you’re asking for you might be able to claim:

• any court fees you have paid
• up to £260 for legal advice for some claims
• loss of earnings for you and any witness (up to £50 a day)
• travelling and overnight expenses

Enforcing the judgment

If you win a case, you may still have to go back to court to get the judgment enforced by the court.

• How county court judgments are enforced