How to get your money back through the courts in England: claims online from £35, a £10,000 small claims limit and free mediation

A landlord kept money “for cleaning”, a tradesman took a deposit and vanished, a private seller shifted a broken laptop, a friend will not repay a loan. In England and Wales disputes of this size are settled without wigs and almost always online. Officially it is a county court claim for money; most people still call it the small claims court. Here is how it works, from the official sources: time limits, fees, what to do before you file and what happens after judgment.

When is a court claim the right route — and when is it not?

A county court claim is for when a specific person or business owes you a specific sum. But several common situations have faster, free channels, and there is no point going straight to court.

A dispute with a bank, insurer, energy or water supplier goes to the company first and then to a free ombudsman: how that works and what you can get. A shop refusing a refund for faulty goods is consumer law and chargeback first. A tenancy deposit sits in a protection scheme with its own free dispute service: how to get it back. Money lost to a scam transfer is refunded by the bank, not by a court.

Employers are a separate case. Unpaid wages, unlawful deductions from pay, unfair dismissal and discrimination go to an employment tribunal, not the county court. There is no fee, but the time limit is tight — usually three months from the end of your employment or from the incident — and you must notify Acas first, which will offer free early conciliation.

How long do you have before the debt runs out?

Under section 5 of the Limitation Act 1980, an action founded on simple contract cannot be brought more than six years after the cause of action accrued — that is, from the date you should have been paid or the promise should have been kept. Six years is a lot, but waiting costs you anyway: the longer you leave it, the harder it is to trace the defendant and prove the debt from correspondence.

What should you do before filing?

First, gather written evidence: the contract or the messages showing what was agreed and for how much, proof of payment, photographs. The court works from documents, not from your account of events — WhatsApp messages and emails count.

Second, send the debtor a final letter setting out the amount, the reason and a deadline to pay. GOV.UK suggests trying mediation before court: an impartial person helping both sides reach an agreement is usually quicker and cheaper than a claim.

Third, check the debtor is not in the Breathing Space scheme. If someone is temporarily protected from creditors, you cannot make a claim or enforce a judgment against them.

What does it cost to file?

The court fee is based on the amount claimed plus any interest:

up to £300 — £35; £300.01 to £500 — £50; £500.01 to £1,000 — £70; £1,000.01 to £1,500 — £80; £1,500.01 to £3,000 — £115; £3,000.01 to £5,000 — £205; £5,000.01 to £10,000 — £455; £10,000.01 to £200,000 — 5% of the claim; more than £200,000 — £10,000.

Claim online and the fee is calculated for you. If you do not know the exact amount you cannot claim online — you use paper form N1 and pay the fee for your estimate (for £3,000.01–£5,000, that is £205). Leave the “amount claimed” box blank and the fee is £10,000, so do not leave it blank. More fees can follow later, for a hearing or for enforcement. If you win, you can usually claim the fees back.

Can you avoid paying the fee?

Yes — Help with Fees, form EX160. You can apply before you pay or within three months of paying, in which case you get money back.

Eligibility turns on savings, benefits and income. Savings must be under the threshold: up to £4,250 if the fee is £1,420 or less (most fees are), up to £16,000 if the fee is over £7,000; from 66 the threshold is £16,000 whatever the fee — and a partner's savings count too. Qualifying benefits are income-based JSA, income-related ESA, Income Support, Universal Credit (if you earn under £6,000 a year) and Pension Credit (Guarantee Credit). On income the limit is £1,420 a month if you are single and £2,130 if you have a partner, plus £425 for each child aged 0 to 13 and £710 for each child aged 14 or over. You report either last calendar month's income or the average of the last three — whichever is lower.

How do you claim online, and when must you use paper?

You claim through the money claim service on GOV.UK: you need the defendant's name, address and email address, and either a card for the fee or a Help with Fees reference. You cannot claim online if you do not know the amount; you are claiming on behalf of more than one person or organisation; the claim is against three or more people or organisations; you or they have no address in England or Wales; or the claim is against a government department. Then it is paper form N1 to the Civil National Business Centre in Northampton.

If you have no internet access or do not feel confident online, We Are Group helps for free: 03300 160 051, Monday to Friday 9am to 5pm, or text FORM to 60777 and someone will call you back.

Can you add interest to the debt?

Yes. For ordinary debts the rate is usually 8% a year. Multiply the amount by 0.08 for the yearly interest, divide by 365 for the daily figure, then multiply by the days overdue. GOV.UK's example: on £1,000 that is £80 a year, about 22p a day, £11 after 50 days. If another business owes you money and you are in business yourself, separate rules on interest on late commercial payments apply.

What happens after you file?

The claim, including your name and address, is sent to the defendant. They must respond by the date in the letter or email, and can ask for another 14 days. Three things can follow: they pay; they offer a different amount; they dispute the claim. If nothing comes back, or they refuse to pay, you ask the court for judgment.

If the claim is disputed and is for £10,000 or less, you will be told you must attend mediation. The court arranges it and it is free: an HMCTS mediator speaks to each side separately by phone, the appointment lasts up to an hour, and you can bring a friend, a relative or a solicitor. Do not skip it — if you were told mediation was compulsory and you neither attend nor try to reach agreement, the judge can impose sanctions, up to having your case struck out or paying all court costs even if you win.

What is the hearing like?

For a claim under £10,000 the hearing is in the judge's room or a county courtroom, without the formality of a large trial. You can represent yourself, pay for a barrister or solicitor, bring someone to advise you (they do not have to be a lawyer), or ask the court's permission for someone to speak on your behalf. You get the decision on the day and a copy by post. You have 21 days to appeal, and only if you think the judge made a mistake.

What is a CCJ and what does it mean for the debtor?

If the court decides the money is owed, the defendant gets a county court judgment. It goes on the Register of Judgments, Orders and Fines for six years, which makes credit hard to get. But if they pay in full within one month the entry can be removed altogether; pay later and it is marked “satisfied”, so searchers can see the debt was cleared. A judgment can be set aside using form N244, fee £321, usually where the money is not owed or the original claim never arrived. A certificate of cancellation or satisfaction is form N443, £19.

You won and they still will not pay — now what?

A judgment does not collect itself: enforcement is a separate step with its own fee. It helps to find out what the debtor has first — the court can order them to attend and produce evidence of income and spending. Then you choose: bailiffs (a warrant of control gives 7 days to pay before a visit; county court for £5,000 or less, High Court from £600, forms N323 and N293A); deductions from wages (attachment of earnings, form N337); freezing money in an account (third party debt order, form N349); or a charge over the debtor's land or property (charging order, form N379).

What if the claim is against you?

Do not ignore it. Respond by the date in the letter: pay in full, offer a different amount if you think you owe less, or defend the claim. You can also counterclaim if they owe you, though that may carry a fee. Silence is the worst option — judgment will be entered without you, and that is the CCJ that sits on the register for six years.

What should recent arrivals know?

First, going to court for money you are owed has nothing to do with your immigration status and is not public funds — it is an ordinary civil dispute. Second, the process is built for people without lawyers, and in small claims you usually cannot recover legal costs from the loser anyway, so a £700 solicitor for a £600 debt makes no economic sense. Third, the hearing is conversational; if English is hard work, ask the court in advance for reasonable adjustments and bring someone with you. Fourth, name the right defendant: if a company owes you, claim against the company under its registered name and address, not against the manager you were emailing.

Finally, Scotland and Northern Ireland have different procedures — this guide is about England and Wales.

Who do you call?

Civil Money Claims (claim numbers containing “MC”) — 0300 123 7050, Monday to Friday 8:30am to 5pm. Money Claim Online and the Civil National Business Centre — 0300 123 1056. Small claims mediation service — 0300 123 4593, Monday to Friday 9am to 5pm. Citizens Advice gives free advice on appealing.