Deciding whether to make a small claim (2024)

Small claims are for simple cases that don’t involve large amounts of money or complicated issues. They’re often used to get compensation or your money back if something’s gone wrong. Small claims are never usually for more than £10,000.

You can use small claims for things like:

  • a faulty product
  • poor service
  • being owed a refund
  • disputes with your landlord - for example, if they haven’t done minor repairs
  • being owed money for work you’ve done
  • accidents when you’ve been injured - for example, a car accident

Small claims are sometimes called ‘money claims’. They’re meant to be simple, so you probably don’t need a solicitor. If you decide you want help with your claim, you can:

  • get help from your nearest Citizens Advice - they can advise you about your case and how much you could claim

  • check if you can get low cost legal help - but be aware the cost of a solicitor might be more than any compensation you get

Before you start a small claim, try to solve the problem another way if you can - for example, by making a complaint or using formal mediation.

You can check our advice on solving consumer problems, including how to use ‘alternative dispute resolution’. This can involve mediation and is a way of trying to solve problems without going to court.

If you have a different type of problem, you can get advice on mediation from the Civil Mediation Council.

Sometimes, just starting a small claim is enough to make the person or business you’re claiming against pay, so you might not have to go to court at all.

Check if you can make a small claim

The rules about making a small claim depend on what the claim is for.

If you’ve had a problem with a service or product

You can make a small claim for up to £10,000 if you have a problem with something you’ve paid for - like poor service or a faulty product. You can also make a small claim if you’ve paid for a service or product you haven’t received. You have the right to make a claim up to 6 years after you paid for the service or product . Sometimes you can have rights for longer than 6 years - contact the Citizens Advice consumer service to find out more about this.

If you rent and have a problem with repairs

You can make a small claim if your landlord is responsible for repairing something and either:

  • they haven’t repaired it and the estimated cost of repairs is up to £1,000

  • they’ve repaired it but you’re claiming compensation of up to £10,000

Check which repairs your landlord is responsible for if you’re not sure.

Compensation could be for things like inconvenience, stress, cleaning or extra heating costs. It can be difficult to decide how much compensation to claim. You might need to get legal help from an adviser or a solicitor.

There’s a time limit for claiming for repairs that your landlord knew were needed but didn’t fix in a reasonable time. You must claim within 6 years of them knowing the repairs needed to be done.

If you’re owed money for work you’ve done

You can claim up to £10,000 if you’re owed money for work you’ve done, for example if you’re self-employed.

If you have another type of small claim

An adviser at your local Citizens Advice can help you check if you can make a claim.

Check what evidence you need

If you don’t have good evidence, you won’t have a strong claim and it might not be a good idea to start one. Gather together any documents or photographs you have to support your claim. It might help you to list what happened in date order then find evidence to back it up.

What makes good evidence will depend on the problem. It could include things like:

  • a letter or a receipt
  • photos of damage caused
  • estimates or invoices - for example, for repairs
  • a statement from someone who saw what happened

Check the cost of making a claim

It might not be worth making a claim if it’s going to cost you almost as much as you’re claiming.

You’ll have to pay a fee to make a claim. How much you have to pay depends on what you’re claiming. You might also have to pay other fees as your case progresses. Check the court fees on GOV.UK. If you win your case, you might get these back from the other side. If you lose, you might have to pay their fees.

If you’re getting benefits or have a low income, you might get the fees reduced or not have to pay any. Check if you can get help with court fees on GOV.UK.

You can make a small claim yourself but if you want to use a solicitor, you’ll have to pay for that. Check with them to see if you might get some of their costs back if you win.

Check if you can get get help with legal costs. If you can’t, check to see if your home insurance gives you any cover for legal expenses.

Check how likely you are to be paid if you win

If the person or company you’re claiming against can’t pay, you’re unlikely to get your money back. In some cases you might still be able to claim money even if they can’t pay - for example, if they have assets like a business or property.

There are ways to check if they might be having money problems - if they are, it might not be worth claiming. Check if a person or a business has been taken to court or refused to pay.

If you’re dealing with a business, check that they’re still trading. You won’t be able to take them to court if they’re not.

If you’re dealing with a sole trader or a partnership, you can check if they’re bankrupt on GOV.UK.

Making a claim

If you want to go ahead with your small claim, find out how to start your claim.

Deciding whether to make a small claim (2024)

FAQs

What are the advantages of taking a problem to small claims court? ›

The advantages of Small Claims Court

Small claims cases are faster and cheaper than using a lawyer. They are appropriate for cases where the victim's usual recovery would be no more than 150% to 200% of the limit of the court.

Is it worth suing someone for 200 dollars? ›

And, while it's tempting to take them to court to get the money they owe you, it's not always worth it. Sure, your ego might be bruised, and it's your money, but the cost in small claims court filing fees, time, and time off from work for court isn't worth it when you're talking $200 or less.

Is it worth suing for $500? ›

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

What happens if you win in small claims court and they don't pay in the UK? ›

If payment isn't made, the Bailiff of Sheriff can try to take goods away to sell at auction. The Bailiff can enforce judgments up to £5,000 in value. The Sheriff can enforce judgments of a value greater than £600.

What are the advantages disadvantages for resolving disputes without going to court? ›

It is less expensive than pursuing litigation. It can help maintain a positive relationship between the parties. It can obtain a faster result compared to litigation. Many forms of ADR are confidential processes, which maintains privacy for clients.

Can you counter sue someone for wasting your time? ›

Seeking Compensation for Time Wasted in a Lawsuit through a Countersuit. If you believe that someone has wasted your time through a lawsuit, filing a countersuit can be an avenue to seek compensation for the time lost.

What happens if you get sued for more than your worth? ›

If you don't have enough tangible assets to satisfy a judgment, you might be forced to turn over a portion of your wages to the person or business who sued you until they've recouped what a court has determined you owe them. Other expected (future) assets besides wages can also be seized.

What to do when someone owes you money and ignores you? ›

What to Do If Someone Owes You Money and Won't Pay Back
  1. Introduction: ...
  2. Open Communication: Establish a Paper Trail. ...
  3. Send a Demand Letter. ...
  4. Small Claims Court. ...
  5. Mediation. ...
  6. Arbitration. ...
  7. File a Lawsuit in Civil Court. ...
  8. Obtaining a Judgment.
Mar 11, 2024

Can I sue my ex for money owed? ›

Yes, if you lent someone money and they never paid you back you can sue for the money they owe you. Additionally, you do not need a contract to sue someone for money owed, however, if there is a contract or some type of written agreement or evidence of an agreement this will be useful in court.

What is the most expensive sue? ›

Tobacco Settlement at $206 Billion

The largest-ever class action settlement was agreed upon in 1998 by Philip Morris, RJ Reynolds, and two other tobacco companies. Paid out annually over 25 years, the settlement covered the medical costs for smoking-related injuries for individuals in 46 US states.

Is it a good idea to sue? ›

You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?

Does losing in small claims court affect credit rating? ›

If a court judgment is issued against you, your money or property, and maybe some of your earnings, can be taken forcibly to pay the judgment. In addition to that, your credit record may include the fact that a judgment was entered against you.

What to do if someone doesn't pay you? ›

When a payment becomes past due, you should follow these steps:
  1. Send a Written Reminder Promptly When You Don't Receive Payment by the Due Date. ...
  2. Send a Debt Collection Letter. ...
  3. Make Personal Contact With the Client by Phone or a Face-to-Face Meeting. ...
  4. Send a Final Demand Letter. ...
  5. Take Legal Action. ...
  6. File a Civil Lawsuit.

What happens if you lose a no win no fee claim? ›

What happens if I lose a no win no fee compensation claim? A no win no fee agreement covers you from having to pay your legal fees should you lose your case. This means in the event that you did lose your case, you wouldn't be charged any legal fees.

How much does it cost to file a small claims case in Colorado? ›

Small Claims Cases Filing Fees
Case TypeCost
Party (with counterclaim if Plaintiff's claim is 500.00 or less and counterclaim is 500.00 or less)$31.00
Party (with counterclaim if Plaintiff's claim is more than 500.00 or counterclaim is more than 500.00 and not more than 7,500$46.00
Rule 369 Contempt of Court$70.00
4 more rows

What happens if the plaintiff loses in small claims court in California? ›

Dismissal of the Claim

If the plaintiff loses the case, the court will dismiss their claim, meaning they will not receive the compensation or relief they sought. This can be disappointing and frustrating, particularly if the plaintiff invested significant time and resources into the case.

How much does it cost to go to small claims court in North Carolina? ›

The Costs of Small Claims Court

Suing someone in Small Claims Court costs money. For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.

How much is it to file small claims in Texas? ›

Quick Facts About Small Claims Texas
Small Claims Limit$20,000 (including attorney's fees)
Cost to File$54
Cost to Serve$75-$125
Can a lawyer represent me?Yes.
Virtual HearingsSome courts have the option to attend the hearing virtually.
1 more row
Jun 6, 2024

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