Small Claims Court for Freelancers: How to Sue for Unpaid Invoices (UK Guide 2026)

You did the work. You sent the invoice. You chased politely, then firmly, then with growing frustration. Weeks have become months, and the client still hasn't paid. At some point, you have to accept that friendly emails aren't going to cut it. That point is now.

Taking a client to small claims court in the UK sounds intimidating, but it's designed for exactly this scenario—straightforward debt claims where someone owes you money and won't pay. You don't need a solicitor. You don't need to set foot in a courtroom for most cases. And the process is cheaper and simpler than most freelancers realise.

This guide walks you through every step: from the Letter Before Action that sometimes shakes the money loose on its own, to filing via Money Claim Online (MCOL), to enforcing the judgment if the client still refuses to pay. If you've already exhausted the normal chasing process and your client still isn't paying, this is your next move.

When Legal Action Becomes Necessary

Legal action should be a last resort, not a first reaction. Before you go down this road, make sure you've ticked these boxes:

• The invoice is genuinely overdue—not just approaching its due date
• You've sent at least 2-3 follow-up reminders over a period of weeks
• The client isn't disputing the work itself (if they are, that's a different conversation)
• You have evidence: a contract or written agreement, the invoice, proof of delivery, and correspondence
• The amount owed is worth the court fee and your time

If the debt is under £100, the court fee alone may make it uneconomical. If it's over £300, the economics start to make sense—and the larger the debt, the more sense it makes. For debts up to £10,000, the small claims track in the County Court is your route.

One important psychological point: many freelancers feel guilty about taking legal action against a client. Don't. You provided a service. They agreed to pay. This is a straightforward commercial debt. The court system exists precisely for this.

Before You Go to Court: The Letter Before Action

Before you can file a claim, you're expected to send a Letter Before Action (LBA)—sometimes called a "letter before claim." This isn't just good practice; under the Civil Procedure Rules Pre-Action Protocol, the court expects you to have attempted to resolve the dispute before filing.

The Letter Before Action serves two purposes:

1. It often works on its own. A formal letter threatening legal proceedings concentrates minds wonderfully. Many clients pay within days of receiving one.
2. It protects your position in court. If you skip this step, a judge may penalise you on costs or pause the case, even if you're in the right.

Letter Before Action Template

Send this letter by email and recorded delivery post. Keep proof of both. The 14-day deadline is standard, though you can use 7 days for very overdue debts. If the client responds with a partial offer or a dispute, you should try to negotiate before filing—the court will want to see you made reasonable efforts.

If 14 days pass with no payment and no credible dispute? Time to file.

Money Claim Online (MCOL): Step-by-Step

Money Claim Online is the UK government's digital portal for issuing County Court claims for debts up to £100,000. It's the easiest way for a freelancer to sue for an unpaid invoice without leaving your desk. Here's how it works:

1 Create an Account

Go to moneyclaim.gov.uk and register. You'll need your name, address, email, and a debit or credit card for the court fee. The registration is straightforward.

2 Enter the Defendant's Details

You need the full name and address of the person or company you're claiming against. If it's a limited company, use the registered office address from Companies House. Getting this wrong can invalidate your claim, so double-check.

3 Describe Your Claim

You'll write a brief "Particulars of Claim." Keep it factual, concise, and unemotional. Something like:

The Claimant provided [web design / copywriting / consulting] services to the Defendant between [start date] and [end date] as agreed in [contract/email dated X]. Invoice [number] for £[amount] was issued on [date] with payment due by [date]. Despite repeated requests for payment, the sum remains outstanding. The Claimant also claims statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% plus Bank of England base rate, and fixed compensation of £[40/70/100].

4 Calculate Your Total Claim

Your claim amount should include:

• The unpaid invoice amount
• Statutory interest — 8% + Bank of England base rate per year, calculated from the date payment was due. Use our late payment interest calculator to work this out
• Fixed compensation — £40 (debts under £1,000), £70 (£1,000–£9,999), or £100 (£10,000+) under the Late Payment of Commercial Debts (Interest) Act 1998

5 Pay the Court Fee

Pay by debit or credit card online. The fee depends on your claim amount (see table below). This fee is added to your claim, so if you win, the defendant pays it.

6 Submit and Wait

Once submitted, the court sends the claim to the defendant, who has 14 days to respond (or 33 days if they acknowledge but need more time). You'll be notified of their response—or lack of one—through MCOL.

Court Fees Table (Claims up to £10,000)

These are the fees for claims made online via MCOL. Paper claims cost more.

Important: These fees are recoverable. If you win, the defendant is ordered to reimburse you for the court fee on top of the debt. You're not throwing money away—you're investing it in getting paid.

What Happens After You File

Once your claim is issued, one of three things happens:

Scenario 1: The Defendant Pays Up

This is the most common outcome for clear-cut debt claims. The moment a court claim lands on someone's desk, it signals you're serious. Many defendants pay in full immediately to avoid a County Court Judgment (CCJ) appearing on their credit record—which stays there for six years and makes it harder to get credit, loans, or even business contracts.

If they pay in full before the deadline, you simply notify the court and the case is closed. Job done.

Scenario 2: The Defendant Ignores It

If the defendant doesn't respond within 14 days, you can apply for a default judgment through MCOL. This is a court order confirming the defendant owes you the money. No hearing required—it's an administrative process. For a straightforward debt claim, default judgment is usually granted within a couple of weeks.

Scenario 3: The Defendant Defends the Claim

If the defendant files a defence, the case is allocated to the small claims track (for claims under £10,000). The court will send both sides a Directions Questionnaire asking about the case details, whether you'd accept mediation, and your availability for a hearing.

Don't panic if they defend. Many defendants file a weak defence just to buy time. A judge will look at the evidence, and if you have a clear contract, a delivered project, and an unpaid invoice, the facts are on your side.

What If the Client Defends or Ignores the Claim

If They File a Defence

The court will usually offer free mediation through the Small Claims Mediation Service. This is a phone-based session (typically one hour) where a mediator tries to help you reach a settlement. It's voluntary, but judges look favourably on claimants who engage with mediation, so accept it.

If mediation fails (or the defendant refuses), the case goes to a hearing. Small claims hearings are informal—no wigs, no barristers, no legal jargon. The judge reads the paperwork, asks both sides questions, and makes a decision. Most hearings last 30-60 minutes. You can often attend by phone or video link.

Prepare by organising your evidence into a neat bundle: contract, invoice, proof of delivery, all correspondence, your Letter Before Action, and a simple timeline of events. Present it factually. The judge isn't interested in emotion—they want to see who agreed to what, and who didn't hold up their end.

If They Ignore Everything

If the defendant doesn't respond to the claim at all, you get your default judgment. If they then ignore the judgment too, you move to enforcement (see below). Their continued silence doesn't protect them—it just makes your case easier.

Enforcing a Judgment

Winning a judgment is one thing. Collecting the money is another. If the defendant doesn't pay voluntarily after a judgment, you have several enforcement options:

Warrant of Control (County Court Bailiffs)

Apply for a warrant of control (fee: £77). County Court bailiffs will visit the defendant's premises to seize goods to the value of the debt. This is often effective because the threat of bailiffs arriving at a business address is enough to prompt payment. For debts over £600, you can transfer the case to the High Court and use High Court Enforcement Officers (HCEOs), who tend to be more effective and can charge the debtor for their fees.

Attachment of Earnings Order

If the defendant is an individual (not a company), you can apply for an attachment of earnings order (fee: £110). This directs their employer to deduct money from their wages and send it to you. Effective, but only works for employed individuals—not company directors paying themselves dividends.

Third-Party Debt Order

If you know the defendant's bank details, you can apply for a third-party debt order (fee: £110). This freezes funds in their bank account and redirects them to you. You'll need to know which bank they use, so this works best when you have previous payment records from the client.

Charging Order

For larger debts, a charging order (fee: £110) secures the debt against the defendant's property. They can't sell the property without paying you first. This is a long game—you won't get paid immediately—but it guarantees eventual payment if they own property.

Statutory Demand and Winding-Up Petition

For debts over £750 owed by a company, you can serve a statutory demand. If unpaid after 21 days, you can petition to wind up the company. This is the nuclear option—it threatens the company's very existence—and it's remarkably effective at prompting payment. The winding-up petition fee is £1,600, so this is only practical for larger debts, but the statutory demand itself is free to serve.

A CCJ stays on someone's credit record for six years. For businesses, it can affect insurance, contracts, and lending. Most defendants pay before it reaches that point.

Alternatives to Court

Court isn't the only option. Depending on your situation, these alternatives might be faster or more appropriate:

Mediation

Professional mediation services can resolve disputes without court involvement. The mediator helps both parties reach an agreement, which becomes legally binding once signed. This is particularly useful when the client disputes the work quality rather than the debt itself. Costs vary, but it's often cheaper and faster than court.

Statutory Demand (for Company Debts over £750)

As mentioned above, a statutory demand doesn't involve the court at all. It's a formal demand for payment that warns the debtor you'll petition to wind up their company if they don't pay within 21 days. Many businesses pay immediately because the alternative—insolvency proceedings—is catastrophic. You can find statutory demand templates on the GOV.UK website.

Debt Collection Agencies

Handing the debt to a collection agency means they chase payment for you, typically taking 10-25% commission. You lose a slice of the money, but you gain back your time and sanity. Some agencies work on a "no collection, no fee" basis.

Professional Body Complaints

If your client belongs to a professional or trade body, a formal complaint can sometimes pressure them into paying. Nobody wants their professional standing questioned over an unpaid freelancer invoice.

Practical Checklist: Before You File

Before submitting your claim on MCOL, run through this checklist:

1. Evidence file prepared: Contract, invoice, proof of delivery, all email correspondence, previous reminders
2. Letter Before Action sent: By email AND recorded delivery, with proof of sending
3. 14-day deadline expired: Don't file before the LBA deadline passes
4. Defendant's details confirmed: Full legal name and address (check Companies House for limited companies)
5. Claim amount calculated: Invoice total + statutory interest + fixed compensation
6. Court fee ready: Debit or credit card for online payment
7. Particulars of Claim drafted: Brief, factual summary of the debt
8. Willing to see it through: Filing a claim you abandon looks worse than not filing at all

The Bottom Line

Small claims court exists to help people like you recover money that's rightfully yours. The process is designed to be accessible without legal training, affordable relative to the debt, and effective—especially against defendants who rely on freelancers giving up.

Most cases never reach a hearing. The Letter Before Action resolves many. The court claim itself resolves most of the rest. Default judgment handles the ones who hide. And enforcement tools exist for the truly stubborn.

You're not being aggressive by filing a claim. You're being professional. Every business in the country uses the court system to recover debts. As a freelancer, you should too.

Start with the structured chasing process. If that fails, send the Letter Before Action. If that fails, file via MCOL. The system works. Use it.