This guide explains how a County Court claim for an unpaid invoice is started and what happens next: the online routes, what the claim must say, the time the customer has to respond, and judgment if they do not. It assumes the letter before action has been sent.
Three routes for a claim for a fixed sum
A debt claim is a claim for a "specified amount": a fixed figure stated on the claim form. It can be started online or by post.
- Online Civil Money Claims (OCMC). The service that GOV.UK's "Make a court claim for money" guidance links to. It is a pilot under Practice Direction 51R, due to run until 6 April 2027 at the time of writing (October 2026). Where the claimant has no lawyer, there must be one claimant and one defendant, and the defendant must have a postal address for service in England and Wales. The Practice Direction lists no upper value among its conditions.
- Money Claim Online (MCOL). The older service (Practice Direction 7C). The claim must be for a specified amount of less than £100,000, excluding interest and costs, against a single defendant (or two, if the claim is for a single amount against each) whose address for service is in England and Wales.
- Paper. Claim form N1, for cases that cannot be started online, such as a claim against three or more people or organisations.
The issue fee depends on the amount claimed plus interest. The bands are in which court track for a debt claim and what costs you recover.
What the particulars of claim must say
The particulars of claim set out the claimant's case. Rule 16.4 of the Civil Procedure Rules (CPR) requires a concise statement of the facts relied on. For an invoice debt that means the parties, the contract, what was supplied, the invoices and their due dates, what has been paid, and the balance.
Practice Direction 16 adds that where a claim is based on a written agreement, a copy of the contract should be attached to or served with the particulars. Under Practice Direction 7C that attachment requirement does not apply to a claim started on the MCOL online form, unless the particulars are served separately. MCOL limits particulars typed into the online form to 1,080 characters; longer particulars can be served separately.
A claimant seeking interest must say so in the particulars. Rule 16.4(2) requires them to state whether it is claimed under the contract, under a statute (and which), or on some other basis. For a specified sum they must also give the percentage rate, the date from which interest is claimed, the date to which it has been calculated (no later than the date of issue), the total to that date, and the daily rate afterwards.
For a business debt the statutory basis may be the Late Payment of Commercial Debts (Interest) Act 1998: see late payment interest and compensation. Otherwise section 69 of the County Courts Act 1984 allows the court to include simple interest at such rate as it thinks fit; GOV.UK says the rate is usually 8%. It is not awarded for a period during which interest on the debt already runs.
Service, and the time to respond
In the online services the court serves the claim on the defendant. An MCOL claim form is deemed served on the fifth day after issue. The general rules give the defendant:
- 14 days after service of the particulars of claim to file a defence (rule 15.4); or
- 28 days after service of the particulars, if the defendant first files an acknowledgment of service within 14 days (rules 10.3 and 15.4).
The parties can agree to extend the period for a defence by up to a further 28 days (rule 15.5).
OCMC has its own timetable. Where both sides are acting in person, the defendant must respond by 4pm on the 28th day after the claim is issued, and the parties may agree an extension of up to 28 days.
No response: judgment in default
A default judgment is a judgment without trial where the defendant has failed to file an acknowledgment of service or a defence (rule 12.1).
The claimant may obtain it only once the time for responding has expired (rule 12.3). For a specified sum it is obtained by filing a request (rule 12.4). The judgment is for the amount of the claim and costs, payable immediately unless the claimant has specified a date or instalments (rule 12.5).
Interest to the date of judgment can be included if the particulars gave the details rule 16.4 requires and the request includes a calculation. Where interest is claimed under section 69, the rate must be no higher than the rate payable on judgment debts when the claim was issued (rule 12.7). The costs added are the court fee and, where the claimant has a legal representative, fixed sums under Part 45.
Default judgment is not available if the defendant has paid the whole claim, or has admitted the whole debt and asked for time to pay (rule 12.3(3)). If six months pass after the time for a defence with no admission, defence or request for judgment, the claim is stayed, meaning halted (rule 15.11).
If the customer admits the debt
A defendant may admit all or part of a claim in writing, and the claimant may then request judgment (rule 14.2). A defendant who asks for time to pay must give a statement of income, outgoings, assets and liabilities (rule 14.6). If the claimant does not accept the proposal, the court decides the time and rate of payment. Where only part is admitted, the claimant may give notice that the claim continues for the balance (rule 14.4).
If the customer defends
After a defence the claimant still has steps to take. In OCMC, where both sides are acting in person, the claim is stayed unless the claimant tells the court within 33 days of being asked that they wish to continue. Under the general rules the parties complete directions questionnaires, and in a County Court money claim a party who misses the date and then a further seven-day notice has their statement of case struck out (rule 26.4).
Mediation. Under a pilot scheme in Practice Direction 51ZE, a defended County Court claim for a specified sum that would normally be on the small claims track is referred automatically to the Small Claims Mediation Service. GOV.UK describes a free telephone appointment of up to one hour, and says the judge can sanction a party who is told to attend and does not. The pilot is due to run until 6 April 2027. If there is no settlement the claim is allocated to a track.
Setting aside a default judgment
Under Part 13 the court:
- must set it aside if it was wrongly entered, for example because the time for responding had not expired or the whole claim had been paid (rule 13.2);
- may set it aside or vary it if the defendant has a real prospect of successfully defending the claim, or there is some other good reason (rule 13.3).
On a discretionary application the court must have regard to whether it was made promptly, and the application must be supported by evidence. It is made on form N244. At the time of writing (October 2026), EX50 gives the fee for an application on notice as £321.
GOV.UK says records of judgments are kept for six years unless the full amount is paid within a month. A judgment that stands still has to be turned into money: see enforcing a county court judgment.
What a solicitor will want from you
- The contract or terms of business.
- Each invoice, with its date, amount, due date and any payments received.
- Your interest calculation: the basis, the rate, the start date and the daily rate.
- The customer's exact legal name and a current address for service in England and Wales.
- Your letter before action and any reply.
- If a claim has been issued: the claim number, date of issue, and any response.
This guide is general information about the law of England and Wales. It is not legal advice. The time limits for responding to a claim depend on how and when it was issued and served, so the dates the court gives in each case are the ones that count.
Frequently asked
How long does the defendant have to respond to a money claim?
Under the general rules a defendant has 14 days after service of the particulars of claim to respond, extended to 28 days if they file an acknowledgment of service. Where both sides are acting without lawyers in the Online Civil Money Claims service, the deadline is instead 4pm on the 28th day after the claim is issued. The court tells both sides the actual date.
Is there an upper limit for claiming online?
Money Claim Online takes claims for a fixed sum of less than £100,000, excluding interest and costs. GOV.UK describes the newer Online Civil Money Claims service as available where the amount being claimed is known, and its Practice Direction lists no upper value among its conditions. Both are limited to claims for a specified amount of money.
Can a default judgment be cancelled?
Yes. The court must set a default judgment aside if it was wrongly entered, for example because the time for responding had not expired. Otherwise it may set it aside if the defendant has a real prospect of successfully defending the claim or there is some other good reason, and it has regard to whether the application was made promptly.
Do I have to go to mediation?
For a defended claim for a specified sum that would normally be on the small claims track, a pilot scheme refers the parties automatically to the free Small Claims Mediation Service. At the time of writing (October 2026) the pilot is due to run until 6 April 2027. The court can take a failure to attend into account when it deals with costs and sanctions.