If a client or customer has refused to pay your invoice, you have a legal right to recover that money through the small claims court in England and Wales — without needing a solicitor.
This guide covers every step: from sending a Letter Before Action to filing your claim and enforcing a judgment if necessary.
Can I Take Someone to Small Claims Court for an Unpaid Invoice?
Yes. Unpaid invoices are one of the most common types of small claims. If the amount owed is £10,000 or less, your claim will be allocated to the small claims track in the County Court — an informal process designed for people without legal training.
You can claim the outstanding invoice amount, plus statutory interest at 8% per year under the County Courts Act 1984, plus your court fees if you win.
Step 1: Send a Letter Before Action
Before filing a claim, you must send a Letter Before Action (LBA). This is a formal notice giving the debtor a final opportunity to pay — usually 14 days. Sending an LBA is required by the Pre-Action Protocol for Debt Claims.
Your LBA should state the amount owed, the invoice details, the deadline to pay, and that you will issue court proceedings if they do not respond.
Step 2: File Your Claim Online
If the debtor does not pay or respond after 14 days, you can file your claim online via OCMC (Online Civil Money Claims) for amounts up to £10,000, or MCOL (Money Claim Online) for amounts up to £100,000.
You will need to provide your Particulars of Claim — a concise statement of the facts, including the invoice date, amount, and what it was for. ClaimsPilot generates your Particulars of Claim automatically based on your case details.
Step 3: What Happens After You File
The court serves the claim on the defendant, who then has 14 days to respond. If they do not respond, you can apply for a default judgment immediately. If they dispute the claim, it is allocated to the small claims track and a hearing is scheduled.
Step 4: The Hearing
Small claims hearings are informal. You will present your evidence — the original invoice, any contract or agreement, correspondence showing the debt is owed, and proof you sent the LBA. The judge asks questions and usually gives a decision on the day.
Step 5: Enforcing the Judgment
If you win but the defendant still does not pay, you can apply for enforcement. Options include a Warrant of Control (bailiffs), an Attachment of Earnings Order, or a Third Party Debt Order to freeze their bank account.
How Much Can I Claim?
You can claim the invoice amount plus statutory interest at 8% per year from the due date, plus court fees. If the invoice relates to a commercial transaction, you may also be entitled to statutory late payment interest under the Late Payment of Commercial Debts Act 1998.
Frequently Asked Questions
How long do I have to claim for an unpaid invoice?
You have 6 years from the date the invoice became due to file a claim in the County Court (Limitation Act 1980).
What if the debtor is insolvent?
If the debtor is a company that has gone into liquidation or administration, you may need to submit a proof of debt to the insolvency practitioner rather than filing a court claim. Individual debtors who are bankrupt are also subject to different rules.
Can I claim for invoices over £10,000?
Yes, but the claim will go to the fast track or multi-track rather than the small claims track, which means stricter rules and potentially recoverable legal costs on both sides.