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Debt recovery guide · Court & enforcement

Taking an unpaid invoice to small claims court

For most unpaid invoices under £10,000 in England and Wales, 'court' means the small claims track — designed for businesses and individuals to use without a solicitor, started online through Money Claim Online. It's slower than good pre-action pressure but very winnable when your paperwork is solid, and an undefended claim is largely procedural.

Before you issue: the protocol and the maths

You need a proper letter before action first — courts expect it. Then weigh the economics: court fees scale with the claim (roughly 5% in the mid ranges), are added to the judgment if you win, but are paid by you up front. On the small claims track you generally can't recover solicitor costs, which is why it's built for DIY or agency-supported claims.

How the claim actually runs

Issue online, the debtor has 14 days to respond (longer if they acknowledge). No response means you can request judgment in default — many invoice claims end exactly there. If they defend, both sides file short statements and documents, and most small claims hearings are brisk, informal, and decided on the paper trail: contract, delivery evidence, invoice, chasing history.

Judgment is not money

Winning gives you a CCJ; getting paid takes enforcement — High Court enforcement for judgments over £600, attachment of earnings, bank orders and more. Factor this in before you start: a debtor with nothing to enforce against makes even a perfect judgment poor value, which is where means-checking and professional recovery earn their keep. See our CCJ enforcement guide for the full toolkit.

Where this fits in the bigger picture

This is one step of a well-trodden path — demands, statutory add-ons, professional recovery, court, enforcement. The complete debt recovery guide walks the whole process, and the late payment calculator works out what you can add to a commercial debt today.

General information, not legal advice.

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