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You can apply to a county court to claim money you’re owed by a person or business.

This is known as making a court claim. It often used to be known as taking someone to a ‘small claims court’. You can apply online or by post.

A mediation service could be quicker and cheaper than going to court. Mediation is when an impartial person helps both sides work out an agreement.

You must pay a court fee when you make your claim.

If you know the claim amount

The court fee is based on the amount you’re claiming, plus any interest.

To calculate 5% of the value of the claim, take the amount you’re claiming and multiply it by 0.05. If necessary, round down the result to the nearest 1 pence.

The fee will be calculated for you if you make your claim online.

If you do not know the claim amount

Use the paper claim form if you do not know the exact amount - you cannot make a claim online.

You’ll need to estimate the amount you’re claiming and pay the fee for that amount.

For example, if you estimate you’re claiming between £3,000.01 and £5,000, you’d have to pay £205.

Get help to pay the fee

You may be able to get help with fees if you have a low income or you’re on certain benefits. Find out who can apply for help with fees.

You can apply for help with fees online or by post.

Apply for help online

Apply for help with fees online before you make a court claim. You’ll get a ‘help with fees’ reference number - you’ll need this when you make your court claim.

Apply for help by post

If you apply for help with fees by post, you’ll need to make your court claim by post too. Apply for both at the same time.

1. Fill in form EX160 for help with fees.

2. Fill in form N1 to make a court claim for money.

3. Return both forms to the Civil National Business Centre.

Pay the court fee

Pay by credit or debit card if you’re making a claim online.

If you use the paper claim form, pay by credit or debit card by sending a letter with your form asking to pay by card. Include your telephone number and a suitable time for the court to call you and take the payment.

You can also pay by postal order or cheque (payable to ‘HM Courts and Tribunals Service’) if you use the paper claim form.

You may be able to claim the fees back if you win the case.

You can claim interest on the money you’re owed.

The interest will be calculated for you if you claim for an unspecified amount.

You need to work out the interest yourself if you’re claiming for a fixed (‘specified’) amount of money.

Work out the interest

If you’re owed money by another business, you can charge interest on a late commercial payment.

For other types of debt, the rate is usually 8%.

To calculate this, use the steps below.

1. Work out the yearly interest: take the amount you’re claiming and multiply it by 0.08 (which is 8%).

2. Work out the daily interest: divide your yearly interest from step 1 by 365 (the number of days in a year).

3. Work out the total amount of interest: multiply the daily interest from step 2 by the number of days the debt has been overdue.

Example

You can make your claim online, unless:

• you do not know how much money you want to claim
• your claim is for more than £25,000 and you want to get help to pay the court fee

Claim by post if you cannot claim online.

You may need to get legal advice if your claim is complex.

Claim online

You’ll be asked for the name, address and email address of the person you’re claiming against.

You’ll also need either:

• a debit or credit card to pay the court fee
• your ‘help with fees’ reference number if you’ve already applied for help with fees online

If you still need to apply for help with fees, you can do this while you make your money claim online.

If you need help claiming online

Who you contact depends on the type of help you need.

If you’re having technical issues or need guidance about how to claim

Who you contact depends on how much money you’re claiming.

If you need help claiming £25,000 or less, contact Civil ÒÁÈËÖ±²¥ Claims.

If you need help claiming more than £25,000, contact ÒÁÈËÖ±²¥ Claim Online.

If you do not have access to the internet or do not feel confident using it

Claim by post

To claim by post, download and fill in paper claim form N1.

Send the paper form to the Civil National Business Centre with a cheque or postal order for your court fee. If you’re applying for help with fees send the paper form with either:

• the ‘help with fees’ reference number you’ll get when you apply for help online
• your completed ‘help with fees’ application form, if you’re applying for help by post

Help claiming by post

Contact the Civil National Business Centre if you need help claiming by post. If you have a disability or health condition, you can ask for a reasonable adjustment.

You can also request a reasonable adjustment for applying by post by emailing:

Return to an existing claim

If your online claim is for £25,000 or less, you can to check updates, manage a claim or make a new claim.

Your claim, including your name and address, will be sent to the person or business owing you money (the ‘defendant’).

They must respond to your claim. You’ll be sent a letter or email telling you the date they need to respond by.

What to do if you get paid

Tell the defendant when you’ve received their payment.

How you do this depends on how you made the claim.

If you claimed online

You can update your claim online, by phone or email. The contact details you use depend on how much money you’re claiming.

If your claim is for £25,000 or less you can update it:

• online using the
• by calling Civil ÒÁÈËÖ±²¥ Claims

If your claim is for more than £25,000 you can update it:

• online using the
• by calling or emailing ÒÁÈËÖ±²¥ Claim Online

If you used a paper claim form

where you sent your claim.

If you get no response or the defendant refuses to pay what they owe

You can ask the court to order the defendant to pay. You need to:

• if you made your claim online
• use request for judgment form N225 if you claimed a fixed (‘specified’) amount using a claim form
• use request for judgment form N227 if you claimed an unspecified amount using a claim form

If you disagree with the response

You might have to go to a court hearing if:

• the defendant says they do not owe you any money
• they disagree with the amount you’ve claimed
• you do not agree with how they’ve offered to repay you

The court may send you a questionnaire asking for more information on the case.

Fill in the questionnaire and return it to the court. You’ll have to pay an extra court fee.

Mediation

You may be offered or told you have to attend mediation after you’ve made a claim. This is often quicker than going to court.

Mediation is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential and usually quicker and cheaper than going to court.

If you’re making a claim of £10,000 or less and the defendant disputes it, you’ll be told you must attend mediation. The court will organise this mediation. This service is free.

If you’re making a claim of more than £10,000:

• the court may offer you mediation - the court will organise this
• you can arrange independent mediation yourself, if you’re not offered it

Mediation organised by the court

A mediator from HM Courts and Tribunals Service (HMCTS) will speak to you separately by phone to help you to explore options, negotiate and agree a settlement. The appointment will last up to one hour.

You can bring someone with you to mediation. For example, a trusted friend, relative, or a solicitor.

If you’ve been offered mediation, both sides need to agree to it. If both sides agree, you’ll get a date and time for your telephone appointment.Ìý

If you’ve been told you must attend mediation, you’ll be given a date and time for your telephone appointment.

Contact the small claims mediation service before your appointment if:

• you have a physical, mental or learning disability of long-term health condition that means you need support during your mediation appointment
• you’re vulnerable (for example, you’re worried about your safety)
• you have other questions about your claim or appointment

Include your claim number when you contact the small claims mediation service, if you have one.

If you do not attend your mediation appointment

If you do not attend your mediation appointment, you’ll usually need to go to a court hearing instead.

You can continue to try to settle the case out of court with the other side, up to the date of the hearing (for example, through independent mediation). If you can settle out of court, you will not need to attend the court hearing.

If you’ve been told you must attend mediation, the judge can sanction you if you do not attend or make an effort to reach an agreement. Sanctions can include your case being dismissed (‘struck out’) or having to pay all court costs even if you win.

If you tell the court why you did not attend your mediation appointment, the judge will take your reasons into account when deciding on your sanctions. You can tell the court why you did not attend:

• in your ÒÁÈËÖ±²¥ Claims online account, if you have one
• at your court hearing

If you want your reasons for not attending your appointment to be private, contact the court your hearing will be in. You may be told to fill in a N244 form to request that the information is kept private.

Independent mediation

You can get mediation from an for a claim of any amount. There’s a .

If your claim is for £10,000 or less, you will have to attend court mediation.

If you reach an agreement

You’ll make a verbal agreement at the mediation appointment. This is legally binding which means that you must follow it. You’ll be given the terms of the agreement in a document – this is called a settlement agreement.

If either side breaks the terms, then the other side can go to court to ask for a judgment or hearing.

If you do not reach an agreement

You’ll have to attend a court hearing.

You cannot mention what happened during the mediation appointment in court.

You will not have to wait longer for a court hearing if you go to mediation first.

If there’s a hearing, you can:

• represent yourself
• pay for a barrister or solicitor to represent you
• ask someone to advise you in court - they do not have to be a lawyer
• ask someone to speak on your behalf - you might need to get the court’s permission

Your hearing can be held in the judge’s room or a courtroom in a county court if your claim is for less than £10,000. There might be a more formal hearing if you’re claiming for more.

After the hearing

You’ll get a decision on the day of the hearing. The court will also send you a copy of the decision by post.

If you win your case, the court will order the person or business who owes you money (the ‘debtor’) to pay you. There are ways the court can collect your payment if they ignore the court order.

Appeal the decision

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.

Find out which court or tribunal to appeal to.

You can ask the court to collect payment from the person or business who owes you money (the ‘debtor’) if they do not pay you after receiving the court order.

You must pay a court fee when you ask the court to collect the payment.

Find out what the debtor can afford to pay

Ask the court to order the debtor to attend court to provide evidence of their income or spending, for example bills and statements.

If the money is owed by a business, you can ask for an officer from the company to attend court and give details of its accounts.

You can then decide if you want the court to take further action to collect your payment.

Send bailiffs to collect payment

You can ask the court to send bailiffs to collect the money. This is called a ‘warrant of control’.

The bailiff will ask for payment within 7 days. If the debt is not paid, the bailiff will visit the debtor’s home or business to see if anything can be sold to pay the debt.

You can apply to either a county court or the High Court if you’re owed between £600 and £5,000.

You may need legal advice if you apply at the High Court.

How you apply to the court depends on how you made your claim.

You claimed online

If your reference number has ‘MC’ in it, download and fill in either:

• form N323 - to apply at a county court (you must be owed £5,000 or less)
• form N293A - to apply at the High Court (you must be owed at least £600)

Otherwise, enforce a judgment using .

You used a paper claim form

Download and fill in either:

• form N323 - to apply at a county court (you must be owed £5,000 or less)
• form N293A - to apply at the High Court (you must be owed at least £600)

Get money deducted from wages

You can ask the court to take money from the debtor’s wages to pay the debt. This is called an ‘attachment of earnings’.

The court will do this by sending an order to the debtor’s employer.

Download and fill in a request for an attachment of earnings order form N337.

Freeze assets or money in an account

You can ask the court to freeze money in the debtor’s bank, building society or business account. This is called a ‘third-party debt order’.

The court will decide if money from the account can be used to pay the debt.

Download and fill in a request for a third party debt order form N349.

Charge the debtor’s land or property

You can ask the court to charge the debtor’s land or property. This is called a ‘charging order’.

If the land or property is sold, the debtor must pay this charge before they get their money.

Download and fill in a request for a charging order form N379.