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Taking a customer to the small claims court for an unpaid invoice: Money Claim Online step by step
How to claim an unpaid invoice through Money Claim Online in England and Wales: the £10,000 small claims limit, court fees, deadlines, free mediation, judgment and enforcement.
By the Nemexio team · · 8 min read
Before you claim
- Check the debt is not genuinely disputed. A court claim is for money owed, not a substitute for resolving a complaint.
- Send a letter before action and wait for the deadline to pass (30 days for sole traders and individuals, around 14 days for companies) [5].
- Check the customer still trades and has assets. Search Companies House for a limited company: suing a company in liquidation is usually pointless.
- Gather the evidence: contract or order, invoice, delivery proof, reminders and any replies.
Step 1: start the claim
Use Money Claim Online on GOV.UK if you are claiming a fixed amount of money, under £100,000, from up to two people or companies with an address in England or Wales [1].
Give a short, clear description: what was supplied, the invoice number and date, the due date and the amount unpaid. Add interest: for business customers you can claim statutory late payment interest; otherwise the court rate of 8% a year generally applies [1][6].
Step 2: pay the court fee
The issue fee rises with the amount claimed. Check the current fee table on GOV.UK before filing, as fees are reviewed periodically [2]. If the debtor defends and the case reaches a hearing, there is a separate hearing fee [2].
If you win, the fees are added to the judgment, so the debtor pays them.
Step 3: the debtor's response
Once the claim is served, the debtor has 14 days to respond, or 28 days if they file an acknowledgment of service [1]. They can pay, admit and ask for time, or defend.
If they do nothing, you can ask for judgment in default online. For a business owed a clear sum, this is the most common outcome.
Step 4: mediation and hearing
Since May 2024, defended small claims are automatically referred to a free one-hour telephone mediation with HMCTS mediators [3]. Many invoice disputes are settled at this stage.
If mediation fails, a judge decides the case at a short, informal hearing. You do not need a solicitor, and legal costs you can recover on the small claims track are limited.
Step 5: enforce the judgment
Frequently asked questions
What is the small claims limit in England and Wales?
Most claims up to £10,000 are dealt with on the small claims track. Money Claim Online itself accepts claims up to £100,000 [1].
Do I need a solicitor for the small claims court?
No. The small claims track is designed for people and businesses representing themselves.
How long does a small claim take?
If the debtor does not respond, you can request judgment after 14 days (or 28 days if they acknowledge the claim) [1]. Defended claims take longer because of mediation and the hearing.
Can I recover the court fee?
Yes. If you win, the court fee is added to the amount the debtor is ordered to pay [2].
Put this into practice
Sources
- [1]GOV.UK — Make a court claim for money
- [2]GOV.UK — Make a court claim for money: court fees
- [3]GOV.UK (HMCTS) — Small Claims Mediation Service
- [4]GOV.UK — Make a court claim for money: enforce a judgment
- [5]Ministry of Justice — Pre-Action Protocol for Debt Claims
- [6]GOV.UK — Late commercial payments: charging interest and debt recovery
Sources checked on 6 November 2026. This article is general information, not legal advice. For a specific contract or dispute, take independent advice.