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How to recover an unpaid invoice through the small claims court in England & Wales. What to claim (including statutory interest), the 5-step process, evidence you need, and common pitfalls.
The full outstanding balance including VAT if applicable.
Under the Late Payment of Commercial Debts Act 1998, for B2B debts. For personal debts the court can award up to 8% simple interest.
Fixed compensation for chasing the debt: £40 (under £1,000), £70 (£1,000–£9,999), £100 (£10,000+).
Recoverable from the defendant if you win.
Make sure payment terms are clear — 30 days is standard for B2B. Include late payment interest wording on the invoice.
Chase formally in writing
If unpaid after the due date, send a formal chaser by email and post. Give 7 days before escalating.
Send a Letter Before Action
This is your final warning before court. Give 14 days. State the total including interest and debt recovery costs.
File via Money Claim Online (MCOL) or an N1 form. Pay the court fee. The claim is served on the defendant by the court.
If undefended, apply for default judgment. If defended, attend the hearing. Judgment is usually given on the day.
Don't just claim the invoice value — you're entitled to more.
The 5-step recovery process
Small claims court process
Letter Before Action