Short answer: in England and Wales you pay a court issue fee banded by the amount claimed (for example £205 for a claim of £3,000.01 to £5,000 and £455 for £5,000.01 to £10,000, per GOV.UK at October 2026). If the business defends and the claim goes to a hearing, there is a hearing fee, and enforcement needs further fees. On the small claims track you can usually recover court fees from the debtor if you win, but not most legal costs.
When a business customer ignores an invoice, the small claims court can look like the obvious next step. It is designed to be used without a lawyer, and for many claims it works well. But it has costs, they come in stages, and winning does not guarantee you will be paid. This guide sets out the fees you can expect and how they compare with instructing a partner agency.
Debt Collection UK is a trading name of PASECOM GROUP LTD. We introduce unpaid invoices owed by limited companies, LLPs and PLCs to independent partner agencies, who collect. We do not issue court claims, we are not solicitors, and we are not authorised by the FCA.
What is the small claims court?
“Small claims court” is the everyday name for the small claims track of the county court. Under CPR Part 27, most defended claims worth up to £10,000 are allocated to this track. Procedure is simpler, hearings are less formal, and the costs you can recover from the other side are limited. Claims above £10,000 go to other tracks, where costs and procedure are heavier.
You start the claim in the same way whatever its size: usually online through Money Claim Online for a fixed sum, or on paper using form N1.
What is the issue fee to start a claim?
The issue fee depends on the amount you claim, including interest. At the time of writing (October 2026), the GOV.UK court fees page lists:
- Up to £300: £35
- £300.01 to £500: £50
- £500.01 to £1,000: £70
- £1,000.01 to £1,500: £80
- £1,500.01 to £3,000: £115
- £3,000.01 to £5,000: £205
- £5,000.01 to £10,000: £455
- £10,000.01 to £200,000: 5% of the claim
Fees change from time to time, so always check the GOV.UK page before you issue. You pay the fee up front, and it is not refunded if the claim fails.
What does it cost if the business defends?
If the company files a defence, the claim is allocated to a track. For a defended small claim for a fixed sum, the court will normally refer the parties to the Small Claims Mediation Service first. If mediation does not settle it, the court lists a hearing and you pay a hearing fee, which is also banded by the value of the claim. GOV.UK sets out the current hearing fees.
There are also indirect costs: your time preparing documents and witness statements, travel to a hearing if it is in person, and time away from the business.
What does enforcement cost?
A judgment is not payment. If the company still does not pay, you apply for enforcement, and each method has its own court fee. Common options against a company are a warrant of control (or a writ of control after transfer to the High Court), a third-party debt order, a charging order, and an order to obtain information from a company officer. Fees are listed on GOV.UK. See how to enforce a CCJ against a limited company.
What costs can you get back if you win?
On the small claims track, the costs you can recover from the losing side are restricted. Under CPR 27.14 they usually include the court fees you paid, fixed costs on issue, and limited allowances for things like witness expenses. Legal fees for a solicitor are generally not recoverable on this track, except in limited circumstances.
Separately, you can include your statutory rights in the claim itself. On a qualifying commercial debt, the Late Payment of Commercial Debts (Interest) Act 1998 allows interest at 8% above the Bank of England base rate, fixed compensation of £40, £70 or £100 per invoice, and reasonable recovery costs under section 5A. Remember that adding interest increases the claim value, which can move it into a higher fee band.
What is the real risk?
The biggest financial risk is not the fee itself. It is paying fees, winning, and then finding the company has no money or has entered insolvency. Before issuing, check the company on Companies House and look for insolvency notices in The Gazette. If it is still trading, enforcement is more likely to work.
The other risk is a defended claim that turns on facts you cannot prove. Make sure you have the order or contract, proof of delivery and your correspondence before you start.
How does a partner agency compare on cost?
Through Debt Collection UK, there is no upload fee. If the partner agency recovers money, the fee is a fixed 15% of what is recovered, and it is only charged when you are paid. If nothing is recovered, there is no commission. That does not mean recovery costs nothing, and recovery is not guaranteed, but you are not paying fees up front on a debt that may never be collected.
An agency also does the chasing, which saves your time. If the agency cannot recover the debt, the partner can explain the court route and its costs, and you decide whether to go ahead. Any court fees or solicitor costs are separate from the 15%.
When is court the right choice?
Court is usually the right choice when you have tried a letter before action under the Practice Direction – Pre-Action Conduct and Protocols, the company is solvent and still trading, and it has ignored or rejected a pre-legal approach without a real defence. A judgment then gives you access to enforcement. Our comparison of small claims court vs a debt collection agency sets out the trade-offs side by side.
Frequently asked questions
Do I need a solicitor for the small claims court?
No. The small claims track is designed for people representing themselves, though advice can help on complicated claims.
Can I claim the court fee back from the debtor?
If you win, the court fees you paid are normally added to the judgment.
Is there help with fees?
Help with fees is for individuals on low incomes. It is not generally available to companies.
Is the small claims limit the same in Scotland?
No. Scotland and Northern Ireland have separate courts and rules. This guide covers England and Wales.
Prefer not to pay court fees up front?
If the debtor is a limited company, LLP or PLC and the invoice is undisputed, upload it using the form below. We introduce it to an independent partner agency. The fixed fee is 15%, charged only when you are paid.