The Debt Recovery Process: Step 3 – Issuing a County Court Claim

If your debtor has ignored your Letter Before Action (LBA) or refused to pay, the next step in the debt recovery process is to issue a County Court Claim. This is a formal legal process where you ask the court to order the debtor to pay what they owe.

At Talbots Law, we regularly assist individuals and businesses with debt recovery through the County Court Money Claims Centre (CCMCC) or Money Claim Online (MCOL). In this article, we explain how to issue a claim, the costs involved, and what happens next.

How to Issue a County Court Claim

You can issue a claim in two ways:

1. Online via Money Claim Online (MCOL)

This is the fastest and most cost-effective method for claims up to £100,000. You will need to:

• Create an MCOL account via the government website.
• Provide details of the claimant (you) and the defendant (debtor).
• Explain the debt, including dates, amounts, and previous communications.
• Pay a court fee (based on the claim value),

2. Paper-Based Claim via Form N1

For claims over £100,000, or if you prefer a paper application, you can use Form N1, which must be sent to the County Court Money Claims Centre (CCMCC) along with the relevant fee.

Court Fees for Issuing a County Court Claim (as of April 2025)

These fees are recoverable from the debtor if the claim is successful.

What Happens After a County Court Claim is Issued?

Once you sumbit your claim:

• The court serves the claim on the debtor.
• The debtor has 14 days to respond (or 28 days if they file an acknowledgement of service).

The debtor may:

• Pay in full – Case closed!
• Dispute the claim – They file a defence, leading to a court hearing.
• Ignore the claim – You can then request a default judgment (covered in the next article).

How Talbots Law Can Assist

Issuing a County Court Claim can be complex. At Talbots Law, we ensure your claim is correctly drafted, complies with legal requirements, and maximises your chances of a successful recovery. If the debtor disputes the claim, we are prepared to represent you in court.

In our next article, we will explain default judgments and what happens if the debtor fails to respond.

Supporting your Debt Recovery Challenges

Recovering unpaid debts can be a frustrating and time-consuming process, particularly if you are unfamiliar with the legal procedures involved. As experienced civil litigation lawyers, we have put together a clear, step-by-step guide to help individuals and businesses understand the debt recovery process in England and Wales.

Our series of comprehensive articles will walk you through each stage, from initial communication with the debtor to enforcement of a court judgment.

For further information and guidance, read the full series:

• Step 1 – Contacting the Debtor
• Step 2 – Sending a Letter Before Action (LBA)
• Step 4 – Default Judgment & The Debtor’s Response
• Step 5 – Enforcing a County Court Judgment
• Step 6 – Warrant of Control: Sending Bailiffs to Recover a Debt
• Step 7 – Writ of Control and HCEOs
• Step 8 – Charging Orders and Orders for Sale
• Step 9 – Attachment of Earnings Order
• Step 10 – Third-Party Debt Orders
• Step 11 – Preventing Debt Issues

Expert Legal Advice

Our debt recovery product, Talbots Collect, is a fixed-fee debt recovery product specifically focussed on business-to-business debts that is fast, simple, and delivered at a competitive price. If you would like to speak with one of our debt recovery experts, please complete the form below.

Disclaimer

The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.

This blog was written by Tessa Rhodes, Associate & Debt Recovery Manager, in our Dispute Resolution Team.