How to take legal action to recover money owed in the UK

If someone owes you money and informal requests have failed, the sensible next step is a short, firm written demand followed—only if necessary—by a court claim. For most consumer and small-business disputes in England and Wales that means a county court money claim, commonly issued online through Money Claim Online (MCOL). The procedure, likely outcomes and enforcement options are set out in official guidance: for an overview of options see the government's advice on what to do when you're owed money and for how to start a claim see the GOV.UK page on making a court claim for money.

This article explains what to do before you issue a claim, how the county court route works in practice, what you can realistically expect after judgment, and when it makes sense to seek specialist legal help. The focus is England & Wales; Scotland and Northern Ireland use different procedures (see the links below).

Before you go to court: prepare and try to resolve it

A court claim is often avoidable. Start by collecting the key documents: the contract (written or email exchange showing terms), invoices, proof of delivery or performance, payment records, and a clear timeline of reminders and responses. That evidence is what the court will want to see if the claim proceeds.

Send a succinct written demand that identifies the debt, states the amount, explains the factual basis in a sentence or two, and gives a clear deadline for payment (for many commercial disputes 14 days is a practical period). The government's practical guidance recommends an official demand and considering mediation before court: see the page on your options if you're owed money for detail. A properly drafted demand letter can prompt payment, narrow the dispute, or form part of the court file if the matter proceeds.

If the debtor responds with a genuine dispute about the facts or quality of work, a negotiated settlement or mediation may be cheaper and faster than litigation. Courts will expect parties to have considered Alternative Dispute Resolution, particularly in claims under £10,000.

How to start a court claim in England & Wales

If the demand fails, use the county court process most appropriate to the amount and case type. For many straightforward money claims you will start a Part 7 county court money claim. When the claim and defendant qualify you can issue it online through Money Claim Online (MCOL). The official GOV.UK page on making a court claim explains when to use MCOL and what counts as a money claim, and the MCOL user guide explains registration, fees, and how the defendant can respond.

Practical points:

• Choose the correct claim value and include interest and reasonable costs if applicable. The MCOL guide shows how to enter amounts and supports fee calculations. See the government guidance on how to make a court claim for money for the basic process.
• After you issue the claim, the defendant can admit, part‑admit, or defend. If they admit or do not respond, you can usually obtain a County Court Judgment (CCJ). If they defend, the claim may proceed to directions or a hearing.
• Follow Civil Procedure Rules Part 7 and the MCOL Practice Direction for timings and service requirements; the Civil Procedure Rules are the primary source for procedural deadlines and detail.

Embed the strongest, concise evidence with the claim: invoices, contracts, and records of the demand. Poorly prepared claims are more likely to be defended or struck out and waste the fees you pay to start proceedings.

If you win: judgment and enforcement options

A judgment is not payment; it is the court recognising your right to the money. Once you have a CCJ you can use enforcement tools if the debtor still does not pay. Practical enforcement options include:

• Third‑party debt order (freezing money held by a bank);
• Attachment of earnings order (for employees, taking repayments from wages);
• Warrant of control (bailiffs to seize goods to sell);
• Charging order (to secure debts against real property), possibly followed by an order for sale in limited circumstances;
• In rare and serious cases, committal proceedings where non‑payment leads to contempt actions.

Each route has conditions and costs. The government's guidance on after you make your claim outlines these options and the practical steps to apply for them. Enforcement can be time-consuming and sometimes expensive; assess whether the debtor has recoverable assets before escalating. If the debtor has little or no recoverable property or is insolvent, court action can produce an unenforceable judgment.

Costs, timing and proportionality

There are court fees to start a claim and further fees for enforcement applications. If you win you may recover some costs, but courts limit cost recovery, especially in small claims. This makes proportionality important: for low-value debts, enforcement costs and the time involved can exceed what you recover.

Timeframes vary. A defendant's formal response periods, hearing dates and enforcement timetables are governed by the Civil Procedure Rules (Part 7 and related directions). For exact deadlines and procedural requirements consult Part 7 of the Civil Procedure Rules.

A realistic approach: for straightforward undisputed debts, a formal demand followed by an online MCOL claim can secure a judgment within weeks if the defendant does not respond. For disputed claims, expect months, possibly longer if there is a defended hearing or complex evidence.

When to consult a solicitor and jurisdictional notes

Seek legal advice when the facts are complex, the debtor is a company with insolvency risks, enforcement will require charging or cross‑border action, or the sums are large. Complex commercial disputes may be better suited to specialist business or Chancery procedures—see the Business and Property Courts (Chancery) guidance for how complex cases are treated.

If you are in Scotland or Northern Ireland, do not rely on the England & Wales procedure described here. Scotland uses separate procedures (see the Scottish government guidance on court claims for money) and Northern Ireland has its own court rules and services.

Practical example

Imagine you are a small designer owed £2,500 for completed work. You have the contract email, the invoice, delivery emails and two unpaid reminders. Send a clear demand giving 14 days to pay and say you will issue court proceedings if unpaid. If payment does not arrive, issue an MCOL Part 7 claim for £2,500 plus interest and court fee. If the defendant fails to respond, request a judgment and then consider a warrant of control or third‑party debt order if the bank details are known. Before making enforcement applications, weigh the debtor’s resources and enforcement costs.

For more help preparing a professional written demand, including documents created from your details, see .

This guide draws on official government and court sources: for an overview of options see the government's "Options if you're owed money" guidance, for how to make a claim see "Make a court claim for money: Make a claim", for the MCOL procedure see the Money Claim Online user guide, and for procedural rules consult Part 7 of the Civil Procedure Rules. If you need precise fees, forms, or deadlines for your case consult those pages directly and consider specialist legal advice where the outcome or enforcement is uncertain.

Useful official links

• The government's overview of options when you're owed money: Options if you're owed money
• How to start a court claim for money and what counts as a money claim: Make a court claim for money: Make a claim
• Money Claim Online user guide (practical MCOL steps and fees): Money Claim Online (MCOL) user guide
• Civil Procedure Rules, Part 7 (how to start proceedings): PART 7 – HOW TO START PROCEEDINGS – THE CLAIM FORM – Civil Procedure Rules
• Scotland: how to make a court claim for money in Scotland: Make a court claim for money - mygov.scot
• For guidance on complex business and Chancery claims: The Business and Property Courts of England & Wales Chancery Guide 2022

For help preparing a professional demand letter, BeforeSuit can help you prepare your next steps.