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Taking a client to small claims court for an unpaid invoice (England & Wales)

Updated 16 October 2026 · Sources: GOV.UK, legislation.gov.uk

If reminders and a letter before action haven't worked, a court claim is the next step. For most unpaid invoices that means the small claims track, which is designed for people without lawyers. This guide covers England and Wales; Scotland and Northern Ireland have their own procedures. It is general information, not legal advice.

Is your invoice a small claim?

Claims up to £10,000 are normally allocated to the small claims track. You don't need a solicitor, and legal costs you can recover from the other side are limited, so it's practical to do yourself.

Before you claim

• Send a letter before action and wait for the deadline.
• Check the client still exists and is solvent. A claim against a company that is in liquidation is usually wasted money.
• Add up the debt, statutory interest and compensation.

How to make the claim

1. Start the claim online through Money Claim Online. 2. Pay the court fee. Fees depend on the amount claimed; check the current court fees. You can usually add the fee to your claim. 3. The client gets 14 days to respond (28 if they file an acknowledgment). 4. If they don't respond, you can ask for a default judgment. If they defend, the case may go to mediation and then a hearing.

After judgment

A judgment doesn't pay itself. If the client still doesn't pay, you can apply for enforcement, such as a warrant of control or an attachment of earnings. See GOV.UK: enforce a judgment.

Avoid getting here

Most late invoices are paid once the client sees firm, scheduled reminders and the interest they're building up. LatePay sends those for you and prepares the letter before action if it gets that far.