Legal guide

Small Claims Court for Freelancers: When and How to Use It

A client owes you money. You've sent reminders, followed up, threatened action — and they're still ignoring you. At some point, you have to decide: let it go, or take them to court? Small claims court is specifically designed for situations like this. Here's how it works.

⚠️ Before you go to court — check this first

Most judges expect you to have made a genuine attempt to resolve the dispute first. You should send a formal "Letter Before Action" (or "Notice of Intent to Sue" in the US) giving the client a final deadline. Courts look more favourably on claimants who tried.

Have you sent at least 3 follow-up communications? A formal written demand? If not, do that first — it also often triggers payment without court.

When should you use small claims court?

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The invoice is unpaid for 60+ days: Short-term delays are often just slow payers. 60 days with no response = serious problem.

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You've sent a formal Letter Before Action: This is usually required — and often triggers payment on its own.

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The amount justifies the effort: Filing fees are £30–$100. The time cost is real. For invoices under £300, consider if it's worth it.

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You have documentation: Contract, emails, delivery confirmation. You need to prove the debt is owed.

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You know how to find the defendant: You need a registered business address or home address to serve court papers.

Small claims court process by country

🇬🇧 United Kingdom — Money Claim Online (MCOL)

Claim limitUp to £10,000 (Small Claims Track)

Filing fee£35–£455 (scales with claim amount, recoverable)

Time to resolve4–12 weeks

Where to filegov.uk/make-court-claim-for-money

How it works:File online at Money Claim Online (MCOL). The defendant has 14 days to respond. If they don't, you can apply for a default judgment — this often happens without a court appearance. If they dispute, a hearing is scheduled.

Statutory interest: Under the Late Payment of Commercial Debts Act, you can also claim 8% above Bank of England base rate + £40–100 fixed compensation.

🇺🇸 United States — State Small Claims Courts

Claim limits$2,500–$25,000 (varies by state)

Filing fee$30–$100 (often recoverable)

Time to resolve30–90 days for hearing

LawyersNot allowed in most states

Key states: California ($12,500), New York ($10,000), Texas ($20,000), Florida ($8,000). File in the county where the defendant lives or does business. The process is designed for non-lawyers.

Important:File in the defendant's home state if they're in a different state. Out-of-state filings are more complex.

🇦🇺 Australia — State Tribunals

NSW (NCAT)Up to $100,000

QLD (QCAT)Up to $25,000

VIC (VCAT)Up to $100,000

Filing feeAU$100–400

How it works: Tribunals are faster and cheaper than court. NCAT and QCAT have online lodgement. Cases are heard by a member (not a judge). Most resolve within 8–12 weeks.

What you need to file

The defendant's full legal name and address (business registered address if a company)
Copy of the original invoice + contract or agreement
Evidence of delivery/completion of work (emails, files, sign-off)
Record of all follow-up attempts and dates
Copy of your Letter Before Action
The total amount claimed (invoice + interest + any compensation)

What happens after you file

Claim is served on the defendant: The court/tribunal notifies them formally. This alone often triggers payment — people don't want a judgment on record.

Defendant responds (or doesn't): If they don't respond within the deadline (usually 14–28 days), you get a default judgment automatically.

Default judgment or hearing: Default: you win automatically. Hearing: you present your evidence. Small claims hearings are informal.

Judgment in your favour: You win. They must pay. If they still don't, you can escalate to enforcement (bailiffs/sheriffs, attachment of earnings, charging order).

Exhaust these steps first

Court is the nuclear option. It costs time, energy, and money — and even if you win, enforcement can be difficult. Try these first:

1. Automated follow-up (days 3–30)Chaser — set up once, runs automatically

Free–$15/mo

2. Formal Letter Before Action (day 30+)Copy from our template

Free

3. Small claims court filing (day 45+)Online filing in 30 minutes

$30–100

4. Enforcement (if judgment unpaid)Bailiff/Sheriff/Attachment of earnings

Court arranges

Start with automated follow-up before you file

Chaser sends escalating follow-ups until clients pay — from friendly reminder to formal notice. Most invoices are paid without court. Free for 3 invoices.

Try Chaser free →