Do I have to send a Letter Before Action before I can sue someone?

For most money claims, yes in practice. The Practice Direction on Pre-Action Conduct and, where a business is claiming a debt from an individual, the Pre-Action Protocol for Debt Claims expect you to give the other side a genuine opportunity to resolve things first. Skipping this step can lead a judge to penalise you on costs even if you win.

How long do I actually have to wait before issuing a claim?

Fourteen days is the commonly used period for a straightforward debt claim, though the letter itself should state your deadline clearly. If the amount or facts are complex, allowing longer is sensible. Once your stated deadline passes without a substantive response, you're generally free to issue.

What if the defendant replies just to say they'll pay, but then doesn't?

A promise to pay is not payment. If it doesn't happen within a reasonable time you set, you can still issue a claim. Keep a record of the promise — it can support your position if the case ever reaches a hearing or a set-aside application.

Can I get a default judgment if the defendant simply can't be found?

Only if the claim was validly served. If you cannot confirm a working address for the defendant, service — and therefore deemed service and the response clock — becomes the issue to resolve first. The court has separate procedures for alternative service if the usual methods fail.

Will requesting default judgment cost anything extra?

Requesting judgment itself is not usually a separate court fee when the claim was issued through MCOL for a fixed sum. Costs can arise later at the enforcement stage — for example, a Warrant of Control or a Charging Order both carry their own application fees.

What happens if the defendant does not respond to my claim?

If nothing arrives within 14 days of deemed service — no acknowledgment, no defence — you can request default judgment under CPR Part 12. If they acknowledge the claim but never file a defence, you can request it once the 28-day window closes. For MCOL claims, you do this from your online account.

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The Person I'm Suing Has Ignored My Letter. How Do I Get a Default Judgment?

Sent a Letter Before Action and heard nothing? What happens if the defendant does not respond, and how to request a default judgment via …