Money Claim Solicitors | How to Recover Your Debt

If someone owes you money and refuses to pay,  our specialist solicitors can help you recover it quickly and lawfully. We deal with debt recovery, default judgements, enforcement, and litigation under the Civil Procedure Rules of England and Wales.

From sending a formal Letter Before Action through to enforcement, we provide clear, strategic advice every step of the way.  Don’t leave your claim to chance. Get expert legal advice today.

1. What counts as a money claim, and can I use one to chase a builder or get a personal loan back?  

A money claim is a court claim for a fixed sum someone owes you, and it covers far more than unpaid invoices. A builder who took a deposit and never finished the job, or a friend who borrowed money and never paid it back, both count, whether or not anything was signed. The court cares whether you can show money is owed and why. Speak to our team if you are unsure whether your situation qualifies.

2. How do I take someone to court to get money they owe me back?

Start with a Letter Before Action, giving the other side a clear chance to pay before you issue anything. In most cases, the Civil Procedure Rules require parties to exchange pre-action correspondence before court proceedings are started. If they do not respond or pay, you can then issue your claim. If they do not respond or pay, you issue a claim online for most money-only disputes. The defendant then has a set period to pay, admit the debt, or defend it, and the case proceeds from there. Our solicitors can draft your Letter Before Action and issue the claim for you.

3. My claim is under £10,000, is it even worth the hassle?

Usually yes. Claims up to £10,000 go through the small claims track, a deliberately low-cost, low-formality process where each side normally pays their own legal costs, win or lose. That removes the biggest financial risk of going to court. The real question is not the size of your claim but whether the other side can actually pay if you win. Talk to us before you file, so you are not spending a court fee chasing someone with nothing to collect.

4. How much does a money claim cost, and do I get the fee back?

Court fees are charged when you issue the claim and scale with the amount you are claiming, keeping small claims proportionate to the sum involved. If you win, the court usually orders the defendant to reimburse your court fee on top of the debt itself. What is not recoverable on the small claims track is your own time or a solicitor’s fees, regardless of outcome. Our team can confirm the exact fee for your claim and what you can expect to recover.

5. How long does a money claim usually take to resolve? 

An undefended claim, where the debtor does not respond or admits the debt, can result in judgment within a few weeks. A defended claim on the small claims track typically takes several months from issue to hearing, depending on local court listing times. Higher value or more complex claims take longer. If the debtor still does not pay after judgment, enforcement adds further time on top. We can give you a realistic timeline once we know the details.

6.  I won my case and have a County Court Judgment(CCJ), but they still are not paying, what now? 

A County Court Judgment confirms the debt is legally owed, but it does not collect the money for you. If the defendant still will not pay, you can enforce the judgment through a warrant of control, an attachment of earnings order, a third party debt order freezing their bank account, or a charging order against property they own. Which route works depends entirely on what the debtor actually owns. Send us the judgment details and our solicitors will tell you which enforcement option fits.

7. What is the time limit to start a money claim in England and Wales?

For most contract and debt claims, including unpaid loans and invoices, you generally have six years from the date the cause of action ocurred to start a claim under the Limitation Act 1980. Once that period passes, the claim becomes statute barred, and the other side has a complete defence regardless of how clearly the money is owed. This is not a deadline to let drift. If your debt is approaching six years old, call us urgently rather than relying on this page alone.

8.  Can I add interest to the amount I am claiming?

Yes, in most cases. Courts can award interest on debts under section 69 of the County Courts Act 1984 at a rate the court considers appropriate, up to a maximum of 8% a year. For qualifying commercial contracts between businesses, the Late Payment of Commercial Debts (Interest) Act 1998 may apply, entitling the creditor to statutory interest and fixed compensation, even where the contract is silent. Include the interest you are claiming, and how you worked it out, in your claim form. We can check your calculation before you submit.

9. There was no signed contract between us, can I still sue?

Yes. A contract does not need to be written down to be enforceable, English law recognises agreements made verbally or through conduct just as much as signed documents. What you need is evidence that an agreement existed and what it covered. Text messages, emails, bank transfers referencing the arrangement, or someone who witnessed the original conversation all help build that picture where there is no paperwork.

10. What happens if the person I am claiming from just ignores every letter? 

Nothing stops, it simply confirms that talking has not worked. As long as you have followed the required steps before court and given the other side a genuine chance to respond, you are entitled to issue your claim. Being ignored can actually help your case later, since it shows the court you acted reasonably and gave every opportunity to resolve things before litigation became necessary.

11. Can I recover money from someone who says they cannot afford to pay? 

You can still get a judgment even if that is true, but collecting the money becomes harder. Before spending on enforcement, it is worth applying for an order that compels the debtor to attend court and disclose their income, assets and outgoings. That tells you whether enforcement action is likely to bring in anything, or whether they genuinely have nothing worth chasing.

12. What happens if the other side offers to settle once the case is already underway?

Formal offers made during proceedings are often made under a specific rule, Part 36, which carries real cost consequences. Turn down a Part 36 offer and later win less at trial than what was offered, and you can be penalised on costs even though you technically won. Deciding whether to accept a formal offer depends on details of your case a page like this cannot see. Talk to our solicitors before responding to one.

13. The company owing me money has gone into liquidation, can I still get paid?

You become what is called an unsecured creditor, and you need to submit a formal claim to the liquidator, known as a proof of debt, setting out what you are owed and why. Secured creditors and certain preferential debts get paid first, so unsecured creditors like most trade or personal debts often recover only part of what is owed, sometimes nothing. Submitting the proof of debt promptly is still worth doing, since skipping it guarantees you get nothing at all.

14. Do I have to go to court myself, or can someone represent me?

Not if you have legal representation, a solicitor or barrister can appear for you. On the small claims track, many people still attend in person anyway, partly because hearings are informal and partly because judges sometimes want to hear directly from the person who was actually there.

15. What is the difference between suing in the County Court and the High Court?

The County Court deals with the vast majority of money claims, including claims allocated to the small claims, fast, intermediate and multi-tracks. Higher value or more complex disputes may be issued in the High Court, depending on the nature of the claim and the applicable court rules. Most personal and small business debt disputes are dealt with in the County Court.

Summary

If you are owed money and are unsure how to proceed, or if you are already facing resistance from the other party, our experienced solicitors can help. We specialise in money claims under the laws of England and Wales and follow the Civil Procedure Rules with precision. Whether the matter can be resolved through pre-action negotiation or requires court intervention, we will guide you at every step.

Don’t leave your claim to chance; speak with us today to take decisive action and recover what you’re rightfully owed. 

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