Specialist information for UK homeowners with adverse credit

Guide · Credit history

Will you get a CCJ if you lose a small claims case?

Yes. If a small claims case goes against you and you don't pay what's ordered, the court enters a county court judgment, which is recorded on your credit file in exactly the same way as any other CCJ.

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Yes. If you lose a small claims case in England or Wales and don’t pay what the court orders, the result is a county court judgment (CCJ), recorded in exactly the same way as a judgment from any other type of court claim. The “small claims” label describes the court process used to hear lower-value disputes, generally up to £10,000, not a separate, lesser category of judgment. Once it’s entered, it goes onto the Register of Judgments, Orders and Fines and onto your credit file for 6 years.

What is the small claims track?

The small claims track is the process most county court money claims for smaller amounts go through in England and Wales, typically claims up to £10,000. It’s designed to be simpler and quicker than the fast track or multi-track used for larger or more complex disputes, with less formal hearings and, usually, no lawyers’ costs to pay if you lose. Common examples include disputes over faulty goods, unpaid invoices between small businesses, deposit disagreements and unpaid personal debts.

None of this changes what happens if the claim goes against you. The track only affects how the case is heard, not what kind of order the court can make at the end of it.

How a small claims case turns into a CCJ

There are two main routes to a judgment on the small claims track:

  • You don’t respond to the claim. If you don’t reply to the claim form by the deadline, the court can enter a default judgment against you automatically, without a hearing. This is a common way small claims judgments arise, often because the claim form went to an old address or was overlooked.
  • You respond, but lose at the hearing (or admit the debt). If you dispute the claim and the court finds against you, or you admit owing the money but don’t keep to a payment order, the court enters judgment in the same way as for a default.

Either way, once judgment is entered, it’s a CCJ like any other, whatever the size of the original dispute. Our guide on what is a CCJ? explains the wider process, including the Register of Judgments, Orders and Fines that all CCJs are entered on.

The one-month rule still applies

Just as with any CCJ, if you pay the full amount within one calendar month of the judgment date, you can apply to the court to have it removed from the register, and it shouldn’t show on your credit file. Miss that window and the judgment stays for the full 6 years, marked as satisfied once you’ve paid. This applies whatever the underlying dispute was, including a small consumer claim. Our guide on how to pay a CCJ sets out the practical steps.

Does the size of the claim change anything?

The amount involved doesn’t change how the judgment is recorded, but it can affect how a lender views it once they see your file. A CCJ for a small amount, such as an unpaid phone bill or a parking charge that escalated into a court claim, is sometimes viewed differently from a larger judgment, particularly if it’s satisfied and reasonably old. This isn’t a fixed rule, and some lenders may still want any CCJ explained regardless of size. Our page on remortgaging with a small CCJ looks at this in more detail.

Small claims CCJ Larger court claim CCJ
Court process Small claims track (informal) Fast track or multi-track (more formal)
How it’s recorded Register of Judgments, Orders and Fines, then credit file Same
Time on credit file 6 years from judgment date Same
One-month payment rule Applies Applies

What if you think the judgment was wrong, or you never knew about it?

If a default judgment was entered because you never received the claim form, for example if it went to an old address, you may be able to apply to the court to have the judgment set aside. You’ll generally need to act promptly and show a good reason, such as a genuine defence to the claim or evidence you weren’t properly served. Our page on CCJs set aside explains what’s involved and how it can affect your credit file once approved.

If you’re currently facing a small claim and want to avoid a CCJ altogether, responding to the claim form by the deadline, even to dispute it or ask for time to pay, keeps your options open. Settling with the claimant before judgment is entered also avoids a CCJ being recorded in the first place, since a judgment only exists once the court has actually made one.

What about a claim that hasn’t gone to judgment yet?

Being sued isn’t the same as having a CCJ. If a small claim is still pending, meaning no judgment has been made, there’s nothing yet for a credit reference agency to record, and a mortgage lender’s credit search won’t show it either. What can matter is whether an application form asks about outstanding legal proceedings separately from your credit file. Our guide on remortgaging with a county court claim pending looks at this distinction in more depth.

What this means if you’re remortgaging

For a lender or adviser, a CCJ that started life as a small claims case is treated no differently from any other judgment on your file. What tends to matter is the same as for any CCJ: how old it is, whether it’s satisfied, the amount, and how the rest of your credit history and mortgage payments look. A single, small, satisfied CCJ from a few years ago is generally viewed very differently from a larger, recent, unpaid one.

If a small claims judgment is sitting on your file and you’re not sure how it will look to a lender, getting your free statutory credit report from Experian, Equifax and TransUnion is a sensible first step before you apply. Our main page on remortgaging with a CCJ explains what an adviser will typically want to know, and if the underlying debt is part of wider financial pressure, free advice from MoneyHelper, StepChange or National Debtline can help before you take on any further borrowing.

Frequently asked questions

Is a small claims CCJ recorded differently from any other CCJ?

No. Once a judgment is entered, it goes onto the Register of Judgments, Orders and Fines and onto your credit file in exactly the same way, whatever track the case was heard on. There's no separate, lighter category for small claims judgments. See what is a CCJ? for how the register and your credit file connect.

Does the amount of a small claims CCJ matter to lenders?

It can. A CCJ for a small amount, such as a parking charge or a mobile phone bill, is sometimes viewed differently from a large one, though this varies by lender and isn't guaranteed. Our page on a small CCJ covers what tends to matter alongside the amount.

Can you avoid a CCJ by settling before the hearing?

Yes. If you pay or agree a settlement with the claimant before judgment is entered, there's no CCJ to record, because a judgment only exists once the court has made one. This is different from paying quickly after judgment, which still leaves a CCJ on file, though it can be marked satisfied.

What if you didn't know about the small claim in the first place?

This happens more often than people expect, usually because paperwork went to an old address. You can apply to the court to have a default judgment set aside if you can show a good reason and act promptly. See applying to have a CCJ set aside for what's involved.

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Your home may be repossessed if you do not keep up repayments on your mortgage.

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Your home may be repossessed if you do not keep up repayments on your mortgage.