Small Claims Court Step by Step: How to Sue or Defend Yourself

‍‌‌‌‌​​‌‌‌‌‌​‌​​​​‌​‌​​‌‌​​​‌‌‌‌‌‍SiteKiln gives you plain-English information, not legal advice. It's aimed at small UK construction businesses. Laws change and every job is different, so speak to a solicitor or adviser before you rely on this for a real dispute.

If a domestic job turns nasty and you can't agree, small claims court is the usual end of the road for sums up to about £10,000.

1. The short version

You don't need a solicitor, the process is fairly structured, and costs are limited -- but you do need to follow the pre-action steps, file the claim properly (often via Money Claim Online / Civil Money Claims), pay the court fees, and turn up on the day with your paperwork in order.

2. Where you stand legally

• The small claims track is for most defended money claims up to £10,000, as long as they're not unusually complex (personal injury and housing repair have some special rules).
• The small claims track is governed by CPR Part 27, which sets out:
  • Simplified procedure and case management.
  • Strict limits on recoverable legal costs.
• Claims start in the County Court (or via the online money claim services) using a Claim Form (N1) with brief Particulars of Claim explaining what happened and what you want.

Court fees (current at time of writing)

There can also be a hearing fee (e.g. £27-£346 depending on claim size) if the case actually goes to a hearing.

In small claims, each side normally pays their own solicitors, whatever the outcome; the court can award only limited fixed costs and expenses, unless someone has behaved unreasonably.

3. Step 1 -- Decide if small claims is right for this job

Before you go anywhere near a claim form:

Check it fits the track

• Claim value under £10,000.
• It's about money (unpaid bill, re-doing work, damage), not something specialist like personal injury.

Check it's worth it

What's at stake vs:

• Issue fee + hearing fee.
• Time (10-20 hours building the case and dealing with paperwork).
• Stress and a day off the tools.

Look at your evidence

• Clear quote/contract and T&Cs.
• Invoices, payment records.
• Photos, messages, snag lists.
• Any expert reports (e.g. surveyor, engineer).

If the number is small, your paperwork is thin, and you're partly at fault, it might be better to settle rather than roll the dice at court.

4. Step 2 -- Follow the pre-action steps

Courts expect you to try to sort things before issuing a claim.

Send a Letter of Claim / Letter Before Action

• Who you are and who you're claiming against.
• What was agreed (job, address, price, dates).
• What went wrong (non-payment, alleged defects, damage).
• What you want (amount, interest, costs).
• A deadline to respond (usually 14-30 days).

If claiming a debt from an individual or sole trader

You must follow the Pre-Action Protocol for Debt Claims:

• Use the protocol's format for the letter.
• Enclose an information sheet, reply form, and financial statement form.
• Give them 30 days to reply.

During this period

• Swap key documents if asked.
• Consider settlement discussions or mediation.

If you skip this stage or rush it, the judge can criticise your conduct and (in some cases) make costs orders against you for unreasonable behaviour.

5. Step 3 -- Start the claim

If they still won't pay or agree a deal:

Choose how to issue

• Money Claim Online / Civil Money Claims -- for straightforward money claims with a known amount; slightly cheaper fees and easy to track online.
• Paper N1 form -- where the amount is uncertain or you prefer post.

Completing the claim

• Name the correct defendant (individual, partnership, or company).
• Put the claim amount (principal + any interest).
• Briefly set out the facts: what was agreed, what you did, what went wrong, what you're owed.

Pay the issue fee

Based on claim size, using the current fee bands on GOV.UK.

The court then issues the claim and serves it on the defendant, or returns it for correction if something's wrong. From that point, the clock starts running for the other side to respond.

6. Step 4 -- What the defendant can do

After service, the defendant normally has 14 days to respond (or 28 if they acknowledge service).

Their options

• Admit the claim and offer full or part payment.
• Defend in full.
• Admit part, defend the rest.
• Do nothing -- in which case you can request default judgment.

If they defend

• They file a Defence explaining their side and attaching key documents.
• You both get a Directions Questionnaire to help the court allocate to the right track.

Allocation

• Most defended claims under £10,000 go to the small claims track (CPR Part 27).
• You'll receive a Notice of Allocation with directions and (often) a hearing date.

If they admit part and you don't agree the rest, the dispute narrows to what's genuinely in issue -- which can help at hearing.

7. Step 5 -- Get your evidence ready

Once you're allocated to the small claims track, you'll be told what to file and by when.

Follow the directions in the court's letter

Usually to send copies of all documents you rely on by a set date to the court and the other side.

Typical documents

• Quote / contract and any drawings.
• Variations and extras (texts, emails).
• Invoices and payment records.
• Photos before, during, after.
• Emails/messages about complaints and your responses.
• Expert reports or snag lists if relevant.

Prepare a simple witness statement

Short, chronological story of what happened and what you're asking for, signed and dated.

Keep it organised

• Paginate your bundle.
• Use headings and a short contents page.
• Judges appreciate a tidy, focused pack -- it makes you look credible and prepared.

8. Step 6 -- Mediation and settlement chances

Before the hearing, the court may offer free small claims mediation.

Mediation is

• A telephone appointment where a neutral person shuttles between you and the other side to see if there's a deal.
• Without prejudice -- what's said there doesn't go before the judge if it fails.

Why it's worth trying

• You might settle for a figure you can live with and avoid the hearing fee and time.
• It shows the court you've acted reasonably, which helps on conduct/costs.

You can also negotiate directly with the other side up to and including the hearing day -- many claims settle in the corridor outside court.

9. Step 7 -- The hearing day

A small claims hearing is more like a formal meeting than TV-style court.

Setup

• Usually in a small room with a District Judge at a desk.
• Both parties (and any witnesses) give their side; lawyers are optional.

What happens

• The judge will have read the papers and may ask questions first.
• You'll be asked to explain your case briefly, refer to key documents, and answer questions.
• The other side does the same.

Decision

• Often given there and then, with a short explanation.
• The judge can order payment, dismiss the claim, or split responsibility (e.g. some money off for defects).

Costs

In small claims, the judge can usually only award:

• Court fees.
• Limited witness expenses.
• Some fixed costs and limited extra costs for unreasonable behaviour.

It's informal compared to other courts, but you still need to be polite, factual and prepared.

10. Common mistakes

• Issuing too early without a proper Letter of Claim -- skipping the Pre-Action Protocol can annoy the judge and hurt you on conduct.
• Claiming a random or inflated amount -- over-cooking your claim value can damage credibility and affect track allocation and fees.
• Turning up with a carrier bag of unsorted paperwork -- judges don't have time to dig; if you're disorganised, your case will suffer.
• Relying on long rants instead of evidence -- the court wants contracts, photos and messages, not just "they're a nightmare".
• Misunderstanding costs -- spending big on solicitors for a small claim, then expecting the court to make the other side pay those fees, is usually unrealistic.

11. Who to contact

• Money Claim Online / Civil Money Claims -- official portal to start and manage claims: gov.uk/make-money-claim (court fees apply)
• GOV.UK -- Court and tribunal fees -- current fee tables: gov.uk/court-fees-what-they-are (free guidance)
• HM Courts & Tribunals Service -- guidance on small claims procedure: gov.uk/government/organisations/hm-courts-and-tribunals-service (free)
• Business Debtline -- clear guides on making a small claim, pre-action steps and paperwork: businessdebtline.org (free)
• Citizens Advice -- general help on disputes and what to expect: 0800 144 8848 (free)
• Solicitor with construction / litigation experience -- for higher-value claims, complex disputes, or if you're unsure about your position (paid)

12. Sources and legislation

• Civil Procedure Rules Part 27 -- Small Claims Track (scope and procedure). legislation.gov.uk/uksi/1998/3132/part/27
• CPR 27.14 -- costs on the small claims track (cost limits and unreasonable behaviour). legislation.gov.uk/uksi/1998/3132/part/27/crossheading/costs-on-the-small-claims-track
• Pre-Action Protocol for Debt Claims -- procedures before claiming a debt from an individual. justice.gov.uk/courts/procedure-rules/civil/protocol/prot_debt
• Practice Direction -- Pre-Action Conduct and Protocols -- general pre-action guidance. justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
• GOV.UK -- Make a court claim for money -- step-by-step guide to using MCOL/CMC. gov.uk/make-money-claim
• GOV.UK -- Respond to a court claim for money -- guidance for defendants. gov.uk/respond-money-claim

13. Related guides on this site

• 9.1 Customer won't pay the final invoice
• 9.2 Customer claims defective work
• 9.5 Customer threatening court -- what to actually expect
• 9.11 Customer demanding a refund -- when you have to and when you don't
• 1.2 Domestic client won't pay the final invoice
• 8.5 Writing quotes that protect you
• 8.6 Terms and conditions template -- domestic work

Common questions

Can I take a builder to small claims court?

Yes. Anyone can use the Small Claims track for disputed amounts up to £10,000 in England and Wales. The limit is £5,000 in Scotland and £3,000 in Northern Ireland. You don't need a solicitor. Court fees start at £35 and you get them back if you win.

Small Claims Quick-Check tool.

How do I write a letter before action?

A Letter Before Action is a final written demand for payment, sent before you sue. It must state what you're owed, the deadline (usually 14 days), and that you'll issue court proceedings if unpaid. Send it by recorded delivery and email so you can prove it arrived.

Letter Before Action template.

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