Introduction to Small Claims Court Documents
Filing a small claims case involves preparing and submitting several key documents that establish your case, inform the defendant, and ensure due process. Each document plays a specific role — from starting your claim to enforcing a judgment if you win.
Properly completing and filing these forms helps prevent delays or dismissal of your case. This guide outlines the essential small claims court documents, how to prepare them, and what to expect at each stage of the process.
Essential Small Claims Court Documents
Below are the main documents you’ll need to file and manage your small claims case effectively.
1. Claim Form (Complaint or Statement of Claim)
Purpose: This form officially begins your case in small claims court.
Details to Include:
- Your full name and contact information (the plaintiff).
- The defendant’s full name and address.
- The total amount of money you’re claiming.
- A brief explanation of why the money is owed (e.g., unpaid loan, faulty goods, service dispute).
Once completed, file the claim form at your local court or online via your jurisdiction’s e-filing system.
2. Notice to Defendant (Summons)
Purpose: The summons notifies the defendant that a legal claim has been filed against them and provides details about how to respond.
Details to Include:
- The court name and case number.
- The hearing date, time, and location.
- Instructions explaining how the defendant should respond or file a defence.
This notice ensures the defendant has a fair opportunity to participate in the proceedings.
3. Proof of Service Form
Purpose: This confirms that the defendant has been properly served with the claim and summons. Without proof of service, your case cannot move forward.
Details to Include:
- Date and method of delivery (e.g., personal service, certified mail).
- Name and contact details of the person who served the documents.
- Signature or affidavit confirming service.
Courts require this form to be filed promptly after service is completed.
4. Evidence Documentation
Purpose: Evidence is critical in proving your claim. While not technically a form, all supporting documents should be organised and submitted according to court rules.
Examples of Acceptable Evidence:
- Receipts, invoices, or payment confirmations
- Contracts or written agreements
- Photographs or videos of damage or defective items
- Emails, text messages, or letters showing attempts to resolve the dispute
Prepare copies for yourself, the court, and the defendant.
5. Counterclaim Form (if applicable)
Purpose: If the defendant believes you owe them money related to the same dispute, they may file a counterclaim using this form.
Details to Include:
- The defendant’s statement of their claim.
- The amount sought and reasoning.
Counterclaims are typically filed before the initial hearing and are handled within the same case.
6. Request for Default Judgment
Purpose: If the defendant fails to respond or appear in court, you can file this request.
Details to Include:
- Evidence of service (showing the defendant was notified).
- Confirmation that no response was received within the time limit.
- A request for the judge to decide the case in your favour.
If approved, the court will issue a default judgment, ordering the defendant to pay the claimed amount.
7. Judgment Enforcement Forms
Purpose: These documents help you collect the money owed if the defendant doesn’t pay voluntarily after losing the case.
Examples of Enforcement Forms:
- Warrant of Control: Authorises court bailiffs to seize goods from the defendant.
- Attachment of Earnings Order: Deducts payment directly from the defendant’s wages.
- Charging Order: Places a lien against the defendant’s property.
Each enforcement method requires a separate application and may involve additional court fees.
Filing Small Claims Court Documents
How to Obtain Forms
- Online: Visit your local court’s website or the official GOV.UK portal (for England and Wales).
- In Person: Request paper copies from your nearest county or magistrate court.
How to File the Documents
- Submit your completed forms in person or electronically (if e-filing is available).
- Pay the filing fee, usually between £35 and 5% of the claim amount, depending on the value of your claim.
- Keep copies of all forms for your records.
After filing, the court assigns a case number and confirms the hearing details.
Serving the Defendant
Once you’ve filed your claim, you must serve the documents to notify the defendant. Courts accept several service methods:
- Certified Mail: Sent with a return receipt to confirm delivery.
- Personal Service: Delivered by a process server, sheriff, or third party not involved in the case.
- Electronic Service (where allowed): Some courts permit service by email or other electronic means.
Always file a Proof of Service Form after completing this step.
Preparing for the Hearing
- Organise your documents: Arrange your claim, evidence, and correspondence chronologically.
- Prepare multiple copies: Bring at least three sets (for you, the court, and the defendant).
- Practise your presentation: Be ready to summarise your claim clearly and refer to evidence as needed.
The judge will use your documents to evaluate whether your claim is supported by sufficient proof.
Frequently Asked Questions
Can I file small claims court documents online?
Yes. Many jurisdictions, including England and Wales, support e-filing through the Money Claim Online (MCOL) system.
Do I need to submit original evidence?
You can submit copies with your claim, but bring original documents to the hearing for verification.
What if I miss a required document?
Your case may be delayed or temporarily dismissed. Contact the court clerk immediately for instructions on submitting missing documents.
How do I amend a claim after filing?
You must file an Amended Claim Form and serve the updated version on the defendant. Some courts charge a small amendment fee.
What happens if the defendant doesn’t respond?
You may file a Request for Default Judgment, and the court could decide the case in your favour based on your evidence.
Conclusion
Properly preparing and submitting small claims court documents is key to a successful case. From the initial claim form to enforcement actions, each document plays an essential role in ensuring fairness and compliance with court procedures.
By following the correct filing steps, serving the defendant properly, and organising your evidence carefully, you can confidently navigate the small claims process and work towards a fair resolution.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.