Small claims and letter before action

This section deals with some common questions you should consider before bringing a in court. This includes what a is, the costs involved, and how much time it will take. It will help you decide whether you need a lawyer and guide you through the process of bringing or responding to a yourself if you choose not to use a lawyer. This includes writing a , starting a claim, dealing with the trial process and enforcing or appealing a judgment.

Considerations before bringing a small claim

  1. 1.What is a small claim?
  2. 2.Is my claim a small claim?
  3. 3.What happens if my claim is not a small claim?
  4. 4.Do I have to try and resolve matters before I start a small claim?
  5. 5.How much will it cost to bring a small claim?
  6. 6.How much is the court fee to start a small claim?
  7. 7.How much is the hearing fee to take a small claim to trial?
  8. 8.What court fees might I have to pay during my small claim?
  9. 9.Do I have to pay my lawyers' fees if I win a small claim?
  10. 10.Do I have to pay the other side's lawyers' fees if I lose a small claim?
  11. 11.Can I get the other side to pay my lawyer's fees if they have behaved badly?
  12. 12.Can I represent myself or my business in a small claim or do I have to hire a lawyer?
  13. 13.If I represent myself or my business at court, can someone else come with me to help?
  14. 14.How long will it take for my small claim to be heard?

Starting a small claim against someone else

  1. 15.In summary, what do I need to do before starting a small claim?
  2. 16.What court rules do I have to comply with before I start my small claim?
  3. 17.What must I do before suing someone who owes my business money?
  4. 18.Do I have to give someone time to get debt advice if they ask for it in their reply form?
  5. 19.Do I have to agree to an instalment plan with someone who owes my business money?
  6. 20.What is a letter of claim or letter before action?
  7. 21.How do I write a letter of claim for a small claim?
  8. 22.How soon after my letter before action can I start my claim?
  9. 23.How soon after my letter before action can I sue in a claim for money from an individual or sole trader?
  10. 24.How do I start a small claim?
  11. 25.Is my claim suitable for Money Claim Online?
  12. 26.How do I start a small claim using the paper claim form (form N1)?
  13. 27.What happens after I start my small claim?
  14. 28.What happens if the defendant pays me in full straight after I start a small claim against them?
  15. 29.What happens if the defendant pays me in part straight after I start a small claim against them?
  16. 30.What happens if the defendant admits my small claim for a specific amount of money?
  17. 31.What if the defendant admits my small claim and makes an offer of payment?
  18. 32.What if the defendant admits my small claim but does not make an offer to pay?
  19. 33.What happens if the defendant admits my small claim but I have not asked for a specific amount?
  20. 34.What if the defendant admits my claim and offers a payment and I have not claimed for a specific amount?
  21. 35.What if the defendant admits my claim but makes no offer of payment and I have not claimed for a specific amount?
  22. 36.What happens if the defendant admits part and defends part of my small claim?
  23. 37.How do I fill in Form N225A?
  24. 38.What happens if the defendant defends my small claim?
  25. 39.What happens if the defendant ignores my small claim?
  26. 40.What is a default judgment?
  27. 41.How do I ask for a default judgment if I started my small claim online?
  28. 42.How do I ask for a default judgment if I started my small claim on paper?

Responding to a small claim

  1. 43.How do I respond if another party brings a small claim against my business?
  2. 44.How long do I have to reply to a small claim?
  3. 45.How do I pay a small claim that I admit?
  4. 46.How do I admit a small claim if I cannot afford to pay the amount straight away?
  5. 47.How do I admit a claim against my business if the amount claimed is not specified?
  6. 48.What if I owe some money, but not as much as is claimed?
  7. 49.What if I owe part of what is claimed and the total amount claimed is not specified?
  8. 50.How do I defend a small claim for a specified amount of money?
  9. 51.How do I defend a small claim for an unspecified amount of money?
  10. 52.How do I ask for more time to prepare my defence?
  11. 53.What is an acknowledgment of service?

Going to court for a small claim

  1. 54.What happens after a defence has been filed in a small claim?
  2. 55.I have received a directions questionnaire in my small claim. What should I do?
  3. 56.I have received a 'notice of allocation' in my small claim. What does it mean?
  4. 57.Do I have to attend mediation?
  5. 58.How do I prepare for a small claims hearing?
  6. 59.How do I prepare for a small claims hearing via telephone or video platform?
  7. 60.Do I have to send my evidence to the court and the other side in advance for a small claims hearing?
  8. 61.Do I have to attend the small claims hearing?
  9. 62.What must I do if no one is attending my small claims hearing?
  10. 63. How do I get my small claims hearing adjourned if I cannot attend?
  11. 64.How do I fill in the form to ask for my small claims hearing to be adjourned (Form N244)?
  12. 65.How do I file my application to adjourn a small claims hearing at court?
  13. 66.What fee do I have to pay to apply to adjourn my small claims hearing?
  14. 67.Do I have to send a copy of my application to adjourn my small claims hearing to the other side?
  15. 68.I have asked the court to adjourn the small claims hearing. What if I do not hear back from the court?
  16. 69.What should I wear to a small claims hearing?
  17. 70.How do I address the judge in a small claims hearing?
  18. 71.What do I need to take to a small claims hearing?
  19. 72.What happens at a small claims hearing?
  20. 73.When and how are decisions given in a small claim?
  21. 74.How quickly does a county court judgment (CCJ) have to be paid?
  22. 75.Can I appeal a court order in a small claim?
  23. 76.How much does it cost to appeal a court order in a small claim?
  24. 77.How do I appeal a court order in a small claim?

Enforcing a judgment for a small claim

  1. 78.If I am successful in my small claim, how can I make sure the defendant pays me what I am owed?

Letter to the listing officer

This letter to the listing officer is to chase a response to a request you have made to adjourn a court hearing (usually using court form N244). You can use it to try and prompt the court to deal with your application before the date of your hearing, and avoid the situation where the court only gets round to considering the application to adjourn on the day of the hearing it relates to. Usually, if you cannot attend a hearing and do not make visible efforts to get it adjourned, the judge is likely to deal with the matter in your absence and will be much more likely to make a finding against you as a result. It is well worth chasing the court to encourage them to deal with your request to adjourn in advance.
£10 + VAT

Letter before action

This letter before action (also known as a letter of claim) is designed to help if you: want to threaten to sue another business that owes you money; or want to sue an individual who owes you money (it is suitable for a straightforward debt claim against a consumer or a sole trader who has failed to pay your invoices); or are thinking of suing a person or business for anything other than money they owe you. For example, if a supplier sent you the wrong items, or a courier service that you use damaged some of your goods in transit, you might want to sue them for compensation. You must usually write a letter before action or letter of claim to warn the person that you intend to start a legal claim against them, and give them an opportunity to explain themselves or settle the matter with you, eg by paying up. It gives the other business fair warning of your intentions and increases your chances of getting paid or getting a remedy without having to resort to expensive legal action. If you don’t send a formal letter before action to the other side before starting a claim, you run the risk of being penalised by the court if you do go on to make a claim. For example, you might not be allowed to get your legal costs paid by the other side even if you win. You can also purchase this document as part of the Small claims toolkit .
£20 + VAT
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