Know Your Costs Before You Claim
Not sure what your small claims court fees will be? Our AI legal assistant calculates your exact court fees, drafts your claim documents, and guides you through the entire process from start to finish.
Small Claims Court Costs & Timeline
Understanding how much it costs to go to small claims court is essential before starting a claim. This guide covers every fee you may encounter, from issuing the claim through to enforcement, plus realistic timescales for each stage.
Court fees for small claims depend on the value of your claim. The good news is that if you win, you can usually recover these fees from the defendant. Below you will find the current fee schedule, enforcement costs, and a realistic timeline for the entire process.
Court Issuing Fees
The court fee is payable when you submit your claim form (N1) to the court. The amount depends on how much money you are claiming. These fees apply whether you file online via Money Claim Online or submit a paper form at your local county court.
Note: Since April 2024, online fees are the same as paper fees. Previously, Money Claim Online offered a small discount on issuing fees.
| Claim Value | Court Fee |
|---|---|
| Up to £300 | £35 |
| £300.01 – £500 | £50 |
| £500.01 – £1,000 | £70 |
| £1,000.01 – £1,500 | £80 |
| £1,500.01 – £3,000 | £115 |
| £3,000.01 – £5,000 | £205 |
| £5,000.01 – £10,000 | £455 |
For claims over £10,000 (which fall outside the small claims track), the fee is 5% of the claim value up to a maximum of £10,000.
Hearing Fee
Unlike claims allocated to the fast track or multi-track, the small claims track does not have a separate hearing fee. The issuing fee covers the cost of the hearing if your case proceeds to trial.
Good news: You will not be asked to pay an additional hearing fee for small claims (claims up to £10,000). This is one of the advantages of the small claims track over higher tracks where hearing fees can be significant.
Allocation Fee
An allocation fee is charged when a defended claim is allocated to a track. For the small claims track (claims under £1,500), the allocation fee is £0.
| Track | Allocation Fee |
|---|---|
| Small Claims (up to £10,000) | £0 |
| Fast Track (£10,001 \u2013 £25,000) | £275 |
| Multi-Track (over £25,000) | £275 |
Enforcement Fees
If you win your case but the defendant does not pay, you will need to enforce the judgment. Each enforcement method has its own fee, payable when you apply. These fees can be added to the amount the defendant owes you.
| Form | Method | Fee |
|---|---|---|
| N323 | Warrant of Control Bailiff collects payment or seizes goods | £83 |
| N337 | Attachment of Earnings Deductions taken from defendant’s wages | £130 |
| N349 | Third Party Debt Order Payment taken directly from defendant’s bank | £130 |
| N379 | Charging Order Secures the debt against property or land | £130 |
| N316 | Oral Examination Defendant questioned about finances under oath | £71 |
See also: Enforcing the Judgment for detailed guidance on each enforcement method.
Can You Claim Costs Back?
Yes, court fees are recoverable. If you win your case, the court will normally order the defendant to reimburse you for the court fees you have paid. This includes the issuing fee, any allocation fee, and enforcement fees.
However, the small claims track has very limited rules on recovering other legal costs. Unlike the fast track and multi-track, you generally cannot recover solicitor fees, barrister fees, or other professional costs on the small claims track.
What You Can Recover on the Small Claims Track
- Court issuing fees and enforcement fees
- Reasonable travel expenses and loss of earnings for attending the hearing (capped at £95 per day)
- Expert witness fees if the court gave permission (capped at £750)
- Up to £260 for legal advice in injunction cases only
Important: This is precisely why many people handle small claims themselves rather than instructing a solicitor. Even if you win, you are unlikely to recover your legal costs on the small claims track.
Help With Fees (Fee Remission)
If you are on a low income or receive certain benefits, you may be entitled to a full or partial fee remission. This means the government will pay some or all of your court fees for you.
To apply, complete form EX160 (Application for Help with Fees) and submit it with your claim form. You can apply online through the GOV.UK service.
Eligibility Criteria
Automatic Eligibility
You automatically qualify if you receive Income Support, income-based JSA, income-related ESA, Universal Credit (with gross monthly income under £6,000), or Pension Credit (Guarantee Credit).
Savings Threshold
If you (and your partner) have savings over a certain threshold, you will not qualify. For fees up to £1,000, the savings limit is £3,000. For fees between £1,001 and £1,335, the limit is £4,000. Higher fee thresholds increase the savings limit progressively.
See also: GOV.UK - Get help with court fees
Timeline Expectations
One of the most common questions about small claims court is how long it takes. The answer depends largely on whether the defendant defends the claim or not. Below are realistic timescales for each stage.
Issue to service
1–2 weeksCourt processes your claim and serves it on the defendant
Response deadline
14 days from serviceDefendant must respond within 14 days of receiving the claim
Default judgment (if no response)
2–4 weeks after deadlineYou can apply for judgment if the defendant fails to respond
Allocation (if defended)
4–8 weeks after defenceCourt allocates the case to the small claims track
Mediation
4–8 weeks after allocationFree mediation offered by the Small Claims Mediation Service
Hearing
3–6 months after allocationIf mediation fails or is declined, case proceeds to a hearing
Undefended Claim
6\u201310 weeks
If the defendant does not respond, you can apply for default judgment relatively quickly.
Defended Claim
6\u201312 months
A defended claim that goes through mediation and a hearing can take 6 to 12 months from start to finish.
Tip: Sending a strong letter before action often resolves disputes without needing to issue a claim at all. Most defendants will engage once they see you are serious about taking legal action.
Hidden Costs to Consider
While the court fees themselves are straightforward, there are other costs that can catch people off guard. Factor these in when deciding whether to proceed.
Time Off Work
If your claim goes to a hearing, you will likely need to take time off work. Small claims hearings are usually listed for half a day but you may need the whole day including travel time.
Travel Costs
You may need to travel to the court for the hearing. If the defendant disputes venue, the hearing could be at a court nearer to them rather than to you.
Evidence Costs
Photocopying documents, printing photographs, obtaining expert reports (if permitted), and posting copies to the court and defendant all add up.
Stress and Time
Preparing witness statements, gathering evidence, completing forms, and dealing with correspondence all require significant time and energy.
Is It Worth Going to Court?
Whether it is worth going to small claims court depends on a careful cost-benefit analysis. Consider the following before deciding to proceed:
1. Strength of Your Case
Do you have clear evidence supporting your claim? Written contracts, receipts, photographs, correspondence, and witness testimony all strengthen your position. A strong case increases the likelihood of success and makes the costs more worthwhile.
2. Can the Defendant Pay?
There is no point winning a judgment if the defendant cannot pay. Consider whether they are employed, own property, or have a business. A judgment against someone with no assets or income is effectively worthless.
3. Total Cost vs Claim Value
Add up the court fee, potential enforcement fee, travel costs, and lost earnings. If your claim is only £200 and the combined costs approach £100+, you need to weigh whether the net recovery justifies the effort.
4. Have You Tried to Resolve It First?
Courts expect you to have followed the pre-action protocol and attempted to resolve the dispute before claiming. A well-written letter before action frequently achieves payment without needing to go to court at all.
Remember: Winning a judgment is only the first step. If the defendant does not pay voluntarily, you will need to take additional enforcement action at further cost. See our guide on enforcing a judgment.
Ready to Start Your Claim?
Now that you understand the costs involved, the next step is to prepare your claim. Our guide covers the entire process from filling in the N1 form to filing online.
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