Civil Claim Journey (County Court)
The end-to-end process for bringing or defending a civil money claim in the County Court, from pre-action protocol through to enforcement of judgment.
Who Uses This Journey
Individuals and businesses seeking to recover money owed, claim compensation for breach of contract, or enforce property rights. Also used by defendants who need to understand what happens after a claim is issued against them.
Stage-by-Stage Timeline
Pre-Action Protocol
Before issuing proceedings, parties must comply with the relevant Pre-Action Protocol (PAP). For debt claims, this requires sending a Letter of Claim with prescribed information and a Reply Form (N9C). The court expects parties to have tried to resolve the dispute first.
- Copies of any contract, agreement, or invoice
- Payment records and correspondence
- Evidence of the debt or breach (e.g. receipts, emails)
- Defendant pays in full — no need to issue proceedings
- Parties negotiate a settlement
- No response — proceed to issue claim
- Skipping the pre-action protocol entirely — courts will penalise this in costs
- Not giving the defendant sufficient time to respond
- Failing to keep copies of all letters sent
Letter Before Claim
Send a formal letter setting out: the basis of the claim, the amount sought, supporting documents, and a deadline for payment or response (typically 14–30 days). For debt claims, the PAP requires attaching a standard Reply Form and an Information Sheet.
- Statement of account showing what is owed
- Copies of invoices, contracts, or agreements
- Breakdown of interest claimed
- Not specifying the exact amount claimed including interest
- Threatening court action with no intention to follow through
- Sending by email only — consider recorded delivery for proof
Issue Claim (Form N1)
Issue the claim at the County Court. Claims up to £10,000 are usually issued online via the Civil Money Claims service or Money Claims Online (MCOL). Larger claims use paper form N1 or CE-File. The particulars of claim must clearly set out the facts and legal basis.
- Full particulars of claim setting out facts and legal basis
- Defendant's name and address for service
- Calculation of the amount claimed
- Claim issued — court serves on defendant
- Claim returned — defective particulars
- Incorrectly named defendant (must be exact legal name)
- Vague or legally insufficient particulars of claim
- Using wrong track or court — High Court threshold is £100,000+
Defendant's Response (28 days)
Once served, the defendant has 14 days to respond (or file an Acknowledgement of Service N9 within 14 days, giving 28 days total). They may: admit the whole claim, admit in part, defend, or make a counterclaim using N9B or N9D.
- Admit all — claimant requests judgment (N225 or N226)
- Admit part — court proceeds on disputed amount
- Defence filed — case continues
- No response — apply for default judgment (N227/N255)
- Counterclaim — treated as a separate claim
- Missing the response deadline — default judgment will be entered
- Admitting liability without understanding the full amount claimed
Defence and Allocation
If a Defence is filed, both parties complete a Directions Questionnaire (N180 for small claims; N181 for fast/multi-track) to help the court allocate the case to the correct track: small claims (up to £10,000), fast track (£10,001–£25,000), or multi-track (£25,000+).
- Completed Directions Questionnaire
- Proposed directions/timetable
- Costs estimate (N260 for fast/multi-track)
- Missing the DQ deadline — court may strike out claim
- Not indicating willingness to use mediation — courts take note
Disclosure
Standard disclosure requires each party to list and provide copies of documents they have that are relevant to the case, including documents that may be adverse to their own case. Small claims are exempt from formal disclosure rules. For fast/multi-track: complete N265 list.
- All relevant documents in your control
- Documents you have had but no longer possess (must still be listed)
- Destroying or withholding documents — this is a contempt of court
- Failing to review electronic documents (emails, texts)
- Not disclosing documents harmful to your case
Witness Statements
Each party prepares signed witness statements from all witnesses of fact. These stand as the witnesses' evidence-in-chief at trial. Statements must be verified with a Statement of Truth.
- Factual account in witness's own words
- Reference to relevant exhibits (documents, photos)
- Signed Statement of Truth
- Witness statements written by lawyers in legal language rather than the witness's own words
- Including legal argument — this belongs in the skeleton argument
- Not exchanging simultaneously as directed
Trial Bundle
The claimant (or both parties jointly) prepares a paginated trial bundle containing all documents for the hearing: pleadings, orders, witness statements, and exhibits, in the order specified by the court's directions.
- Not agreeing the bundle with the other side in advance
- Bundle not paginated consecutively
- Failing to file and serve on time — judges may refuse to use late bundles
Trial
The judge hears evidence, submissions, and decides the case. Small claims hearings are informal; fast/multi-track trials follow more formal procedure. The judge gives judgment at the hearing or 'hands down' judgment later in writing.
- Judgment for claimant (full or partial)
- Judgment for defendant
- Claim dismissed
- Settlement agreed at door of court
- Failing to attend — judgment may be entered in your absence
- Bringing documents not in the bundle
- Not preparing a concise opening note or skeleton argument for fast/multi-track
Judgment
Once judgment is entered, it records the amount owed, interest, and any costs order. A money judgment can be enforced if not paid voluntarily within 14 days (or as ordered).
- Defendant pays — matter concluded
- Defendant does not pay — claimant must enforce
- Appeal filed — see enforcement section
- Assuming the judgment will be paid automatically — it is not self-enforcing
- Missing the deadline to pay — daily interest accrues
Enforcement
If the judgment debtor does not pay, the judgment creditor can use various enforcement methods: Warrant of Control (N323 — bailiff/HCEO), Attachment of Earnings (N337), Third Party Debt Order (N349), Charging Order (N379), or Writ of Control (High Court). The Judgment Debtor's means can be investigated first via an oral examination (N316).
- Debt recovered in full or part
- Instalment order agreed
- Bankruptcy / winding up petition if debt large enough
- Choosing the wrong enforcement method for the debtor's circumstances
- Not checking whether the debtor has other judgments against them first
- Forgetting to register a charging order — requires separate application