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AnswersCourt, and what comes after

Do I need a solicitor to recover an unpaid invoice?

The short answer

Usually not. The court's rules ask the person making the claim to write first1, and the court looks at what the letter says, not whose letterhead is on it. On a small claim, up to £10,0002, a winner usually cannot get legal fees back3, so a solicitor's bill is mostly yours to pay. Pay for one when a bigger claim is disputed, they counterclaim, or the company is failing.

The numbers

What a small claim turns on.

£10,000The usual top of a small claim. Interest and any part they do not dispute are left out.2
£35–£455Court fee to start a claim of up to £10,000, set by the amount you claim plus interest.6
14 daysA company's usual time to answer your letter before action.1

What you can add

What a £6,000 claim costs to run yourself

Say you invoiced another business £6,000, due on 31 July 2026. It is now 31 October, they have ignored your letter, and you start a claim yourself. The fee follows the amount you claim, interest included6, so £6,000 and its interest sit in one band. These are the court fees if they defend it all the way to a hearing.

£455.00Court fee to start the claim (claims from £5,000.01 to £10,000)6
£346.00Hearing fee, if they defend it (small claims over £3,000)6
£801.00Court fees, if it goes all the way to a hearing

That is the court's bill up to judgment. The hearing fee is not due if you settle first6, and if you win, the court can order them to repay both fees3. A solicitor's fee would sit on top. The court usually allows only a fixed sum for starting the claim3 towards it, so you carry most of it even if you win. The brief below asks each firm for a price in writing. What agencies charge is on its own page.

The road ahead

Five steps. No solicitor, only court fees.

  1. Step 1: Check it is a job you can do yourself

    Run it yourself if the claim is £10,000 or less2, or bigger and not disputed, and the company has an address in England or Wales.

    If not, or if a bigger claim turns into a dispute, send the brief below to a solicitor who does debt claims and ask for a fixed fee. GOV.UK says a complex claim may need legal advice7 and shows where to find a solicitor10.

    Cost: FreeTime: 10 minutes

  2. Step 2: Write the letter before action yourself

    The rules ask the claimant, which is you, to write it1: what is owed, how you worked it out and what you want, by a date. A solicitor's letterhead may sway the other side, but the court asks whether both sides complied in substance1 with them.

    A company usually gets 14 days to reply1. A sole trader falls under a different protocol; the letter page has the wording and the dates.

    Cost: FreeTime: 14 days or more

  3. Step 3: Start the claim online

    Use the online money claim7: you give the company's name and address, then pay the court fee by card. It is £35 to £4556 for a claim of up to £10,000, and £455 for £6,000.

    Add the interest and the fixed late-payment sum to the claim.

    Cost: £35 to £455 court feeTime: 20 minutes

  4. Step 4: Take the free mediation call, then the hearing

    If they dispute a claim of £10,000 or less, the court sends both sides to free mediation8: a phone call of up to an hour. Go to it: a judge can sanction someone who does not, up to striking out the claim.

    The hearing is informal3, and on a small claim an officer, such as a director, or an employee may speak for the company4.

    Cost: Free, then a hearing feeTime: Date set by the court

  5. Step 5: Ask the court to collect, if they still do not pay

    The court can question an officer of the company about its money, send bailiffs or freeze a bank account9. Questioning starts at £696.

    Bailiffs for a judgment of £5,000 or more must come through the High Court9, where GOV.UK says you may need legal advice. What to do once you have won.

    Cost: Court fees from £69Time: After judgment

A letter you can copy

Brief for a solicitor, asking for a fixed fee

Send it to two or three firms when a bigger claim is disputed, they counterclaim or the company is failing, or when you would rather pay than do it yourself.

New email
SubjectUnpaid invoice , : request for a fixed-fee quote
Dear , I would like a fixed-fee quote to recover an unpaid invoice. The facts are below and my papers are attached, so your time goes on the claim and not on sorting files. The business that owes me: (). The debt: invoice , dated , for , due on . Nothing has been paid. The work was agreed by . What I have done so far: . What they have said: . What I would like you to do: . Please reply in writing by with: 1. A fixed fee for each stage you would do, and what each one includes. 2. Costs outside your fee, such as court fees, VAT and enforcement, with amounts. 3. What happens to your fee if the company defends the claim or says I owe it money. 4. How much of your fee the court could order the company to pay if I win. 5. Who will do the work, and how long each stage usually takes. If you think any of this is wrong or missing, please tell me before you quote. Kind regards,

Tap a highlighted gap to see what goes in it.

Attach the invoice, the contract or emails that agreed the work, proof it was delivered, and every chase with its date. Send it by email so it is dated, and keep a copy. Send the same brief to two or three firms and compare the answers line by line. A fixed fee is only comparable if each firm says what it covers.

When not to bother

When it isn't worth it

  • The claim is over £10,000 and they dispute it. Above the small claims limit, the loser usually pays the winner's costs5, so losing costs you theirs too. Ask a solicitor who does debt claims first.
  • They counterclaim for a large sum. The court weighs the counterclaim's value2 when it picks the track, so a big one can push the claim off the small claims track and its costs cap. Ask a business-disputes solicitor first.
  • The company is going under. In administration, a claim needs the administrator's consent or the court's permission12. Tell whoever runs it what you are owed, then ask an insolvency practitioner or insolvency solicitor.
  • It is building work and you want adjudication. The Construction Act has an adjudicator decide within 28 days11 of referral unless longer is agreed, so the papers must be ready on day one. See a construction solicitor first.
  • The company is outside England and Wales. You cannot claim online7 against a company with no address in England or Wales. Ask a solicitor in the country where it is based how to claim there.

The Wolf's note

A solicitor's fee buys their work, not your payment. Until the other side starts to argue, a clear debt asks little of you: the invoice, the sum and a date. Hire one when the case turns hard, not when it turns tiresome.

Mr. Wolf · the AI inside WolfX

What comes next

Your next move

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