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Step-by-step

How to take someone to
small claims court for an unpaid invoice.

A clear path from an overdue B2B invoice to a County Court judgment in England & Wales — what to do at each step, and where RobinReturn does the paperwork for you.

Direct answer

Check the debt is eligible, add the interest and compensation you are owed, send a reminder, then a Letter Before Action, and — if it is still unpaid — prepare and file a County Court claim through Money Claim Online. You can do all of this as a litigant in person.

TL;DR

  • Eligible = B2B, ≤£10,000, England & Wales, undisputed.
  • Add statutory interest + the fixed compensation.
  • Reminder → Letter Before Action → County Court claim.
  • You file via MCOL; RobinReturn prepares the documents.
  • The journey ends at judgment.
The steps

Six steps to
get paid.

1. Check the debt is eligible

Confirm it is a B2B debt of £10,000 or less, both parties are in England or Wales, the invoice is undisputed, and it is within six years. RobinReturn's free eligibility checker covers this in five questions. Check eligibility.

2. Work out what you are owed

Add statutory interest (Bank of England reference rate plus 8%) and the fixed compensation (£40/£70/£100) to the principal so the figure in your letter is complete. Calculate the interest.

3. Send a polite reminder

A clear, professional reminder settles many invoices without going further. State the amount, the interest and the compensation. See how it works.

4. Send a Letter Before Action

A formal demand giving the debtor a deadline to pay before a claim — normally 14 days for a company, under the Practice Direction on Pre-Action Conduct, and 30 days for a sole trader or individual, under the Pre-Action Protocol for Debt Claims. About Letters Before Action.

5. Prepare and file the County Court claim

If it is still unpaid, an N1 claim form and Particulars of Claim are prepared. You file the claim yourself through Money Claim Online (MCOL) and pay the HMCTS court fee. See court-stage pricing.

6. Obtain judgment

If the debtor does not respond or defend, you can ask the court for judgment. RobinReturn's role ends at judgment.

FAQs

Common questions,
answered.

Can I claim an unpaid invoice myself without a solicitor?

Yes. The small-claims track is designed for litigants in person. RobinReturn prepares the documents and guides you through each step; it is not a law firm and does not give legal advice.

Do I have to send a Letter Before Action first?

The court expects you to follow the Practice Direction on Pre-Action Conduct and, if the debtor is a sole trader or an individual, the Pre-Action Protocol for Debt Claims. Both mean giving the debtor a clear written demand and time to respond before you issue a claim. A Letter Before Action does this.

How do I actually file the claim?

You file it yourself through Money Claim Online (MCOL) on gov.uk. RobinReturn prepares the N1 claim form and Particulars and guides you through the MCOL steps, but does not file on your behalf.

What does it cost to take an unpaid invoice to small claims?

RobinReturn charges a £2.00 reminder, a £9.50 Letter Before Action and a flat £35 for claim preparation, plus a £25 review fee plus VAT, paid to the reviewing solicitor on the letter. The HMCTS court fee (£35–£455 by claim value) is paid separately to the court.

Start the first step
for free.

Begin with a reminder and escalate only if you need to. RobinReturn is not a law firm and does not give legal advice.