Short answer: To recover an unpaid invoice through the courts in England and Wales, send a letter before action, then issue a money claim in the County Court, usually online. If the company does not respond within 14 days of service (28 if it acknowledges), you can request default judgment. A judgment is not payment: if the company still does not pay, you must apply to enforce it.
England and Wales
County court claim for unpaid commercial invoices
Understand a county court money claim, send a proper letter first, or instruct a partner before you litigate. The fee is 15% of what is recovered, payable only when you have been paid. We do not issue proceedings.
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Court issues the claim — not an agency
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Letter before action first
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Instruct on a fixed percentage
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B2B only
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Partner agencies
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No collection, no fee options
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Secure upload
Before you issue
- Confirm the debtor's exact legal name and company number on Companies House, and check it is not in liquidation, administration or being struck off.
- Send a letter before action that follows the Practice Direction on Pre-Action Conduct, usually giving a limited company 14 days to pay or respond.
- Gather your evidence: contract or accepted quote, invoices, proof of delivery, statements of account and correspondence.
- Check the claim is within the limitation period, generally six years from when the money fell due for a contract debt.
Issuing the claim
Most claims for a fixed sum can be issued online through HMCTS. You set out the amount owed, the interest you are claiming (statutory interest under the Late Payment Act on a qualifying contract, or interest under the County Courts Act) and a short statement of why the money is owed. You pay an issue fee that depends on the size of the claim; check the current fees on GOV.UK.
What happens after issue
- The claim is served on the company at its registered office.
- The company has 14 days from service of the particulars of claim to pay, admit or defend, or 28 days if it files an acknowledgment of service.
- If it does nothing, you can request judgment by default.
- If it defends, the court allocates the claim to a track: small claims (generally up to £10,000), fast track (up to £25,000), intermediate track (up to £100,000) or multi-track. Smaller defended claims are usually referred to mediation first.
- If the claim is not settled, a judge decides it at a hearing.
Enforcing a judgment
If the company does not pay after judgment, you can apply for enforcement: enforcement agents under a writ or warrant of control, a third party debt order against a bank account, a charging order over property, or an order requiring an officer of the company to give information about its finances. Each step has a fee. For undisputed debts of £750 or more, a statutory demand and winding-up petition are a further, serious option. See our guide to enforcing a CCJ against a limited company.
Costs you can and cannot recover
If you win, the court fees you paid are usually added to the judgment. On the small claims track, legal fees are generally not recoverable, so many businesses bring small claims themselves. On the fast and intermediate tracks, recoverable legal costs are largely fixed. Statutory interest and fixed compensation under the Late Payment Act can be claimed on a qualifying contract, but they do not always cover the full cost of recovery.
Partner demand before court
Many undisputed company debts are paid after a formal demand from a collection agency, without court. Debt Collection UK, a trading name of PASECOM GROUP LTD (company 17139327), introduces B2B claims against UK limited companies, LLPs and PLCs to independent partner agencies, who collect. The fee is 15% of what is recovered, payable only when you have been paid. We are not solicitors and we do not issue proceedings.
Frequently asked questions
Can a debt collection agency issue a county court claim?
No. The claimant issues the claim, either directly or through a solicitor, and the court processes it. An agency can prepare the file and advise. We do not issue proceedings.
Do I need a letter before action first?
Yes. The court expects the Practice Direction on Pre-Action Conduct to have been followed. For a straightforward company debt that is a clear letter and a reasonable time to reply, usually 14 days.
Does a claim mean I will be paid?
No. A claim asks the court to decide. A judgment is still not a payment, and enforcement is a further step with its own fees. Recovery is not guaranteed.
How much does it cost to issue a claim?
The issue fee depends on the amount claimed and is set by HMCTS. Further fees apply for a hearing and for enforcement. Check the current fees on GOV.UK.
Can I instruct a partner instead of going to court first?
Yes. Many undisputed invoices settle after a partner demand. The fee is 15% of what is recovered, payable only when you have been paid. We introduce B2B files against UK limited companies, LLPs and PLCs only.