County court claims hit a record high: What it means for unpaid invoice legal action

Chasing an unpaid invoice is stressful, and it rarely stays a paperwork problem for long. It can hold up your payroll and delay payments to your own suppliers. It can also eat into time you would rather spend running your business. Against that backdrop, county court claims in England and Wales have just reached their highest quarterly total on record.

The Ministry of Justice has been tracking this data since 2009, and between April and June 2026, courts logged 571,250 new claims. For any business owed money, that makes unpaid invoice legal action worth understanding properly. The options run from a letter before action right through to a County Court Judgment. Fosters Solicitors’ debt recovery solicitors can help you find the right path through it.

What the figures show

The Ministry of Justice recently published its Civil Justice Statistics Quarterly for April to June 2026. It recorded an 11% rise on the same quarter last year. That is also the highest total for any quarter since records began in 2009. Money and damages claims made up 91% of that total, and courts made a record 368,000 judgments, up 26% year on year.

You can read the full release from the Ministry of Justice. These figures cover every type of county court claim, not just business debt. The MoJ has not shown a matching rise in ordinary business debt or unpaid invoice claims specifically.

Why the numbers might be rising

The Ministry of Justice gave one clear reason for the rise: more people are claiming money linked to parking on private land. That is the only cause the statistics themselves point to. So, the figures do not prove a rise in business debt or unpaid invoices. Other pressures often get blamed for rising commercial claims generally. These include tighter cash flow, more caution before extending credit, and wider use of digital tools like the government portal, Money Claim Online. None of these are confirmed as causes in the MoJ statistics. It is worth treating them as background, then, rather than an explanation for the numbers above.

What this means if your business is owed money

The national rise does not change the practical options available to businesses seeking to recover unpaid debts. However, with courts continuing to experience heavy workloads, it may take longer for cases to reach trial. Wherever possible, we would encourage businesses to explore ways of resolving disputes before court, helping to achieve a quicker resolution while keeping costs to a minimum.

A claim starts with a letter before action. This sets out what is owed and gives the debtor a clear deadline to pay or respond. Getting this step right can prompt payment before a claim is ever needed. If the debtor is an individual or a sole trader, a specific pre-action protocol applies. It sets out detailed steps you must follow, including a prescribed information sheet and reply form. That protocol does not usually apply where the debtor is a limited company. Even so, the general rules on pre-action conduct still expect a proper letter before claim. A court can penalise you on costs later if this step is skipped without good reason.

If payment still does not arrive, the next step is usually to issue a court claim. Businesses can use Money Claim Online for certain lower-value debt recovery claims under £100,000. It’s best suited for smaller claims under £10,000 and simple matters involving only two parties. It can be quicker to start a claim online, and can be inexpensive, dependent on the value of the claim. There is a court issue fee calculated as a percentage of the claim value, on any debt over £10,000 which attracts a 5% of the claim value court fee – so court proceedings can become costly as claim values increase. If successful you can generally ask the court to order the losing party to pay back the court fee.

The court allocates claims to a track based mainly on its value. It also weighs up complexity, evidence and the likely length of a hearing. Which track you land in matters. It affects how formal the process feels, and how much of your costs you can recover if you win.

A County Court Judgment (CCJ), can be applied for if a debtor ignores the claim or does not pay what has been ordered. A CCJ confirms that the debt is legally owed, and it usually stays on the public register for six years. That matters because it can make it much harder for the debtor to get credit elsewhere. A CCJ carries real weight even before enforcement begins. Pay within one month and it can be removed from the register altogether. Pay later and it gets marked as satisfied instead, though it usually stays listed for the full six years. A CCJ alone will not hand you the money, though. If the debtor still does not pay, several enforcement options are open to you:

• A warrant or writ of control, which is a court order allowing enforcement agents to seize goods to satisfy a debt.
• An attachment of earnings order against an employed debtor’s wages.
• A third-party debt order freezing a bank account, allowing the creditor to freeze and seize money directly from a debtor’s bank account.
• A charging order against property.

Many straightforward, undisputed debts do not need specialist help in the early stages, and plenty of businesses handle a letter before action and an online claim themselves. It is generally worth bringing in a solicitor if any of the following apply:

• The debt is disputed.
• The value is high enough that a mistake would be costly.
• Enforcement has become complicated.
• You see signs that the debtor may be insolvent.

How our debt recovery experts can help

An unpaid invoice can place unnecessary pressure on any business. From our offices in Norwich, Lowestoft and Wymondham, Fosters Solicitors helps businesses across Norfolk, Suffolk and beyond, recover unpaid invoices and commercial debts in an efficient and commercially sensible way.

Our debt recovery team can advise on every stage of the process, from pre-action letters and negotiation through to Alternative Dispute Resolution, court proceedings and enforcement action where necessary. We can also help identify any additional interest, compensation or statutory remedies that may be available under commercial debt legislation.

Recommended in The Legal 500 UK 2027 for debt recovery, with Danielle Lynch and Chris Fielding recognised for their work in this area, our focus is always on achieving the best outcome as quickly and cost-effectively as possible.

Unpaid invoice legal action FAQs

What is a CCJ?

A CCJ, or County Court Judgment, is a court order confirming that a debtor owes a set amount of money. It stays on the public register for six years, which can affect the debtor’s credit rating. On its own, though, it does not hand over the money owed.

How long does a small claims court case take in the UK?

The latest Ministry of Justice figures cover April to June 2026. They show a median wait of 41 weeks from issue to trial for small claims, slightly slower than a year earlier. That figure only covers cases that reach a trial. Undisputed claims that end in default judgment usually move much faster.

This article was produced on the 7th October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.