How to make a court claim for an unpaid debt yourself

You can take a debtor to court in England and Wales without a solicitor, and for most unpaid invoices the claim can be made online. The steps are a letter before action, the claim and court fee, the debtor’s response, and then either a request for judgment or mediation and a hearing. What decides whether it is worth doing is less the paperwork than the debtor: a judgment against someone with nothing is just paper.

This guide covers England and Wales. Scotland and Northern Ireland have their own processes, noted at the end. The official version is GOV.UK’s guide to making a court claim for money.

Before you start: is court the right route?

Court is built for deciding disputes. If the debtor has never questioned the invoice and is simply not paying, an agency is often quicker and costs nothing up front on no-collection-no-fee terms, while a court claim means paying a fee before you see a penny. Our guides to agency or small claims court and four unpaid-invoice scenarios and which route wins weigh that up. If you have decided to claim, here is how it runs.

Step 1: send a letter before action

Warn the debtor first: it is good practice for any debtor, and a requirement for an individual or sole trader. Send a letter before action setting out what is owed, why, and what you will do if it is not paid by a stated date.

If the debtor is an individual or a sole trader, the Pre-Action Protocol for Debt Claims applies: give them 30 days to respond and, from 1 October 2026, send the letter by email as well where you hold one. Our Protocol guide covers what the letter must include.

While you wait, check the debtor can pay. For a company, Companies House shows filed accounts, charges and any proposed strike-off; The Gazette shows insolvency notices; the register of judgments shows other county court judgments against them. If a company is already in liquidation, a claim is the wrong tool, and what creditors can do when a debtor company fails covers the alternatives.

Keep an eye on time, too. In England and Wales you generally have six years from when payment fell due to issue a claim, restarted only by a signed written acknowledgement or a part payment made before it runs out.

Step 2: issue the claim online or by post

Most creditors can claim online. You need the debtor’s name, address and email address, and a card to pay the court fee. It is safest to use the correct legal name: for a limited company, the name and registered office shown at Companies House, not a trading name.

You must use the paper form N1 instead if you do not know the exact amount, are claiming for more than one person or organisation, are claiming against three or more, are claiming against a government department, or either side has no address in England or Wales. The form goes to the Civil National Business Centre in Northampton with the fee.

Three things to get right on the claim:

• The amount, including interest. If you want interest, you must include it in the claim. On a business-to-business debt that is usually statutory interest at 8% plus the Bank of England base rate, plus fixed compensation of £40, £70 or £100 per invoice depending on its size. Our late payment calculator works out both.
• The particulars. A short, plain account: what you supplied, when, the invoice numbers and dates, the payment terms, and that it remains unpaid despite your letter.
• The fee. It is banded on a published court scale by the amount claimed, including interest. You can usually claim it back from the debtor if you win, and help with fees is available on a low income.

You cannot claim against someone who has a Breathing Space, the scheme that temporarily protects individuals from creditors. If you are told they have one, check GOV.UK’s guidance on what to do during a Breathing Space.

Step 3: what the debtor does next

The court sends your claim to the debtor and tells you the date they must respond by. One of four things happens.

They pay. Update your claim through the online service, or contact the court if you used the paper form.

They ignore it. Once the date has passed you can ask the court to order them to pay, which is called requesting judgment. Online, you request it through the service; for a fixed amount claimed on paper, you use form N225. This is often the end of the claim stage, and it is quick.

They offer to pay over time. If you do not agree with how they offer to repay, the claim may go to a hearing. Our guide on whether to accept an instalment offer applies here too.

They defend it. If they say they owe nothing, or less, the court may send you a questionnaire to complete, with a further fee. For claims of £10,000 or less you will then be told to attend free telephone mediation run by the court. It is often quicker than going to court, and an agreement reached there is legally binding. If a debtor answers your claim with one of their own, see what to do when a debtor threatens a counterclaim.

Step 4: the hearing

If mediation does not settle it, there is a hearing. Defended claims of £10,000 or less generally go to the small claims track, and for claims under £10,000 the hearing may be held in the judge’s room or a courtroom. You can represent yourself.

Prepare as if the judge knows nothing about your business. Bring the contract or accepted quote, your terms, the invoices, proof of delivery or completion, the chasing emails and your letter before action, and a one-page timeline. Answer the dispute the debtor has actually raised.

You get the decision on the day, and a copy by post. Either side can appeal within 21 days if they believe the judge made a mistake.

Step 5: after judgment

If you win, the court orders the debtor to pay. Many do. If they do not, the court will not chase them for you: you apply to enforce, and the right route depends on what the debtor has. Our guide to enforcing an unpaid county court judgment takes it from there.

Where an agency is cheaper or quicker

Running a claim yourself is very doable, but not always the best use of your time. An agency usually wins when the debt is undisputed and the debtor is still trading, because the first letter from a third party often gets paid without a fee to the court. It also helps when the debtor has moved and needs tracing before any claim can be served, or when you want someone else to run the claim and the enforcement after it. Many agencies can take a case to court for you if chasing fails.

You can compare vetted UK debt recovery agencies on Collect Compare, side by side with names hidden until you choose, or let us match you to the right one. It is free for creditors: the agency you choose pays for the introduction, and no agency can pay to rank.

Scotland and Northern Ireland

In Scotland, claims up to £5,000 use Simple Procedure in the sheriff court. In Northern Ireland, the small claims court deals with sums up to £5,000. The steps differ from the ones above, so check the court service for each before you issue.

This is general information, not legal advice. Court procedure and fees change, so check the current position on GOV.UK, or take advice on your specific debt, before you issue a claim.