Bringing a Civil Money Claim in the County Court

Before issuing, follow the relevant pre-action protocol or the Practice Direction on Pre-Action Conduct: write to the defendant with concise details of the claim — the basis, a summary of the facts, what you want, and how any money claimed is calculated. The defendant should respond within a reasonable time — 14 days in a straightforward case and no more than 3 months in a very complex one — confirming whether the claim is accepted and, if not, why, with details of any counterclaim.

Litigation should be a last resort. Consider whether negotiation or another form of ADR (mediation, arbitration, early neutral evaluation or an ombudsman scheme) could settle the dispute without proceedings. If proceedings are issued, the parties may be required to show the court that ADR was considered — silence in response to an invitation to mediate, or a refusal, may be considered unreasonable and can lead to costs sanctions.

You can claim interest on the money you are owed. For most debts the rate is usually 8% a year: work out the yearly interest (amount x 0.08), divide by 365 for the daily rate, and multiply by the number of days overdue. Businesses owed money by other businesses can instead charge interest on late commercial payments. If you claim a specified amount you must calculate the interest yourself; for an unspecified amount the court calculates it.

Claim online via GOV.UK's money claim service if you know the amount; otherwise download and fill in paper claim form N1 and send it to the Civil National Business Centre, St Katharine's House, 21-27 St Katharine's Street, Northampton NN1 2LH. The issue fee is based on the amount claimed plus interest: £35 (up to £300), £50 (£300.01–£500), £70 (£500.01–£1,000), £80 (£1,000.01–£1,500), £115 (£1,500.01–£3,000), £205 (£3,000.01–£5,000), £455 (£5,000.01–£10,000), 5% of the claim (£10,000.01–£200,000), or £10,000 (over £200,000). If you have a low income or are on certain benefits you may get Help with Fees (form EX160 or online).

Your claim, including your name and address, is sent to the defendant, who must respond by the date in the letter or email the court sends you. If you get no response, or the defendant refuses to pay, you can ask the court to order payment: request judgment online, or use form N225 (specified amount) or N227 (unspecified amount) on a paper claim. If the defendant disputes the claim, disagrees on the amount or offers repayment terms you reject, the case continues towards a hearing.

The court may send you a questionnaire asking for more information; fill it in and return it — you will have to pay an extra court fee at hearing stage. If your claim is for £10,000 or less and the defendant disputes it, you will be told you must attend mediation, organised by the court and free: an HMCTS mediator speaks to each side by phone for up to an hour. If you are told to attend and do not, the judge can sanction you — including striking out your case or making you pay all court costs even if you win. Agreements reached at mediation are legally binding.

Hearing fees depend on the track and value: small claims track fees range from £27 (claims up to £300) to £346 (claims over £3,000); fast track claims are £619; intermediate track or multi-track claims are £1,334. You must pay by the date in the court's order — failure to pay (or apply for Help with Fees) means the claim is struck out with immediate effect. At the hearing you can represent yourself, pay a barrister or solicitor, or ask someone to advise or speak for you. Claims under £10,000 may be heard in the judge's room in a county court; you get the decision on the day and a copy by post.

You can appeal the decision if you think the judge made a mistake during the hearing. You must do this within 21 days of getting the decision, and a fee is payable for filing an appellant's notice (£151 for county court small claims track; £175 for other county court claims; £302 in the High Court).

If the debtor ignores the court order you can ask the court to collect payment (a court fee applies each time). Options: an order for the debtor to attend court and give evidence of income and spending (£69 issue fee); a warrant of control sending bailiffs (£96) — the bailiff must give 14 clear days' notice of enforcement before visiting (28 days if a debt adviser requests it) before visiting; High Court enforcement via form N293A if owed at least £600, or county court via N323 if owed £5,000 or less; an attachment of earnings order deducting from wages (£139, form N337); a third-party debt order freezing bank accounts (£139, form N349); or a charging order over land or property (£139, form N379).