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What happens at a small claims hearing, and how do I prepare?

The short answer

Informal. The rules say hearings will be informal1: the judge need not put anyone on oath, and may ask the questions first, usually in their own room2. Copies of every document go to the court and the other side at least 14 days before the hearing1, and you bring the originals. A director or an employee can speak for your company2.

Mara, WolfX research desk
Written with AI, checked by a person · 9 October 2026

England and Wales only. WolfX is software, not a law firm.

The numbers

The numbers to write down.

£346Hearing fee on a claim over £3,000. Smaller claims pay less, from £27.5

14 daysBefore the hearing: copies of every document to the court and the other side.1

7 daysBefore the hearing: written notice, if you can't come and want a decision on your papers.1

£95 a dayThe most the court adds for each person's lost earnings, if you win.2

What you can add

A £4,800 invoice, won at a hearing

Say your invoice to another firm was for £4,800 and fell due on 31 July 2026. It was not paid, and you started a claim on 5 October 2026: 66 days late. You win at the hearing. You and one witness each lose a day's pay to attend. Interest runs at 11.75% a year9: the Bank of England base rate plus 8%8, fixed for invoices that went late between 1 July and 31 December 2026.

The invoice£4,800.00
Interest: £4,800 × 11.75% ÷ 365 × 66 days6£101.98
Fixed sum for a late invoice of £1,000 to £9,999.997£70.00
Court fee to start the claim5£205.00
Hearing fee5£346.00
Your lost earnings, at most2£95.00
Your witness's lost earnings, at most2£95.00
The judgment, before travel and later interest£5,712.98

Only losses you can show count. Reasonable travel1 can be added too, and your own legal fees are not on the list. Interest runs on at £1.55 a day after 5 October 2026, and you can claim it up to the day of judgment11. Then the judgment carries 8% a year11 until you start enforcing it.

The road ahead

Six steps. Most of it is paper.

Step 1: Pay the hearing fee by the date in the order
The court gives you at least 21 days' notice1 of the hearing date, and the order names the day the fee is due. Miss it and the claim is struck out5: the hearing is dropped, and bringing the claim back costs another fee.
The fee runs from £27 to £3465, by the size of the claim. If you settle before it falls due, you don't pay it.
Cost: £27 to £346Time: By the date in the order
Step 2: Build one pack, in date order
The court usually wants invoices for work done or goods supplied2 and the letter making the claim, with the reply2. Add the contract or quote, photographs, the defence, and a one-page timeline with your interest working.
Make three sets, tabbed in date order: one for the judge, one for the other side, one for you. Keep the originals apart, in the same order.
Cost: PrintingTime: An evening
Step 3: Send it 14 days before, and bring the originals
Send copies to the court office and the other side no later than 14 days before the hearing1, or by the date in your order. The letter below is the cover note.
The court may leave out a late document or witness2, and the originals must come to the hearing2.
A witness who won't come can be summoned for a £4 fee5, plus their travel and lost time10. No expert may be used1 without the court's permission.
Cost: Postage; £4 a summons, plus expensesTime: By 14 days before
Step 4: If you can't come, say so 7 days before
Write to the court and the other side at least 7 days before1, send the other side any papers you have filed, and ask the court to decide on them. Not turning up without that notice can get the claim struck out1.
To move the date, ask with the other side's agreement: no fee if the court has it 14 days or more before5. A judgment made in your absence can be set aside within 14 days1, but only for a good reason and a real chance of winning.
Cost: FreeTime: 7 or 14 days before
Step 5: On the day, tell it in date order
The judge leads, and may ask the questions first2. Keep each answer to a date, a sum and a page of your pack.
Say nothing about what was said at mediation4; you can't mention it in court. If you lose, you can be ordered to pay their court fees, travel and lost earnings1, but not their lawyer unless the judge finds you behaved unreasonably.
Cost: Up to £95 backTime: As long as the order says
Step 6: Read the decision, then plan the next move
You usually get a decision on the day3, and the judge must give reasons1. A copy follows by post. A win is an order to pay, which is not the same as being paid: here is what comes next.
If you think the judge made a mistake, you have 21 days to appeal3.
Cost: FreeTime: Same day; 21 days to appeal

A letter you can copy

Cover note sending your hearing papers

Send it with your pack, to the court office and the other side, at least 14 days before the hearing.

New email

SubjectClaim : documents for the hearing on

Dear court office and , Claim number : against . Hearing on at . As the court's directions require, I attach copies of the documents I will rely on at the hearing, in date order: In short: . Invoice , for , was due on and has not been paid. The claim is for : the invoice, interest under the Late Payment of Commercial Debts (Interest) Act 1998, and the fixed sum for late payment. I will bring the originals to the hearing. Could tell me by whether it will pay before the hearing? If the claim is settled, I will tell the court at once. If you believe any of this is wrong, please tell me before the hearing and say why. Yours faithfully,

Tap a highlighted gap to see what goes in it.

Send the same set to the court office and to the other side on the same day, at least 14 days before the hearing. Use the address or email on the notice of hearing, and keep proof of posting if it goes by post. Keep a copy of this note and of the list. Bring a full set in the same order, and the originals.

When not to bother

When it isn't worth it

The company has offered most of the debt. If the offer is fair, settle and tell the court at once. Settling before the hearing fee is due saves the fee5.
The sum is small against a day away from work. Fees and a day out can outweigh a few hundred pounds; is it worth it for a £300 invoice works it through.
They didn't answer the claim. Then there is usually no hearing to prepare for, and you ask for judgment instead.
You are claiming more than £10,000. Above £10,000 the hearing can be more formal3, so this page may not fit; the small claims limit explains the line.
The claim is in Scotland or Northern Ireland. Both have their own small claims routes. This page covers England and Wales only.

The Wolf's note

The judge leads and the rules are loose, so the clearest pack sets the pace. Tab it in date order tonight. On the day, most answers are a date and a page number.

Mr. Wolf · the AI inside WolfX

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