small claims court unpaid invoice
Step-by-Step: Small Claims Court for Unpaid Invoices
If a customer has ghosted you over £1,000, here's the honest news: you'll probably never see a courtroom. Most unpaid invoices get settled by a well-written Letter Before Action - the court is the threat, not the destination. But the threat only works if you follow the process properly, and the process is simpler and cheaper than most trades assume.
Before you start: limits and costs
- England and Wales: small claims track covers debts up to £10,000
- Scotland (simple procedure) and Northern Ireland: lower limits, around £5,000
- Court fees run from £35 on the smallest debts to about £455 at the £10,000 mark - added to your claim if you win
- No solicitor needed - the track is designed for people representing themselves
The process, step by step
Step 1: Send a final reminder
One last professional chaser: invoice attached, amount, original due date, and a pay-by date about a week out. No sarcasm, no threats - write it knowing a judge might read it. You're building a record of a reasonable person being ignored.
Step 2: Send a Letter Before Action
This is the step that gets most trades paid, so do it properly: posted and emailed, headed with those exact words, with a hard deadline. Between businesses, 14 days is standard. Chasing an individual homeowner, the Pre-Action Protocol for Debt Claims expects 30 days - give it.
LETTER BEFORE ACTION Dear Mr Khan, Re: Unpaid invoice 0217 - £2,400, due 10 April 2026 Despite reminders sent on 17 April and 1 May, the above invoice remains unpaid. Unless payment in full is received within 30 days of the date of this letter, I will issue county court proceedings against you without further notice. Court fees and interest will be added to the claim. I would rather resolve this without court. If you dispute the invoice or wish to propose a payment plan, contact me within the same 30 days. Yours sincerely, J. Smith, Smith Plastering Ltd
Step 3: Let the deadline run
Tempting as it is, don't file on day three because you're angry. Give the full period you stated, log any response, and consider any genuine instalment offer - a judge will expect you to have. Silence past the deadline is your green light.
Step 4: File the claim on Money Claim Online
The government's Money Claim Online service walks you through it in under an hour. Stick to facts and dates: quoted this, delivered this, invoiced this, chased on these dates. Your evidence is your paper trail - the written quote, the confirmed variations, the invoice, the reminders. If every job runs through something like Quotato, this folder already exists.
Step 5: Accept the free mediation appointment
For most claims under £10,000, a free telephone mediation session is now a standard stage before any hearing. A surprising share of cases settle here - often within the hour. Decide your walk-away figure beforehand, and be realistic: getting 85% of the debt this month frequently beats 100% after another six months of grief, hearings and chasing.
Step 6: Attend the hearing and enforce the judgment
If it does reach a hearing, small claims is deliberately informal - a district judge, a table, your paperwork against theirs. Win, and most people pay. If they still refuse, enforcement options include county court bailiffs and attachment of earnings. The judgment also sits on their credit record, which concentrates minds.
Will you actually get paid?
Usually, yes - and usually at step 2. A properly drafted Letter Before Action signals that you know the process and will follow through, which is exactly what serial non-payers gamble against. The trades who get paid are not the ones who shout loudest; they are the ones who look like they will genuinely file. And if the debtor is a limited company circling the drain, move quickly - a judgment against a dissolved company is a piece of paper, so speed matters more than sympathy.
From the tools: My brother's plastering subbie was owed £1,900 by a developer who had stopped answering the phone - four months of nothing. He was ready to write it off. They drafted a Letter Before Action one evening, sent it recorded delivery with a 14-day deadline, and the full amount landed in nine days with a mumbled apology about cash flow. Total cost: a stamp and an hour of his life. He has used the same letter twice since, been paid both times, and has still never had to file an actual claim. The letter does the work - the court just stands behind it.
This is general information for UK tradespeople, not legal advice. Every dispute turns on its facts - for anything serious, speak to a solicitor or Citizens Advice.
Invoices chased automatically, and every quote, variation and reminder kept on file - your evidence ready long before you ever need it.
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