Guide · checked 09/10/2026
Letter before action for an unpaid invoice
Before you start a court claim for an unpaid invoice, send a final letter that sets out the debt and how it is calculated and gives the client time to pay or reply. For a company, 14 days is usual for a straightforward debt. If the client is a sole trader or another individual, England and Wales require a formal Letter of Claim under the Pre-Action Protocol for Debt Claims, with set forms and 30 days to reply.
If your client is a company
No specific protocol applies to a debt between businesses, so the Practice Direction on Pre-Action Conduct sets the standard. Write with concise details of the claim: the basis of it, a summary of the facts, what you want and how the amount is calculated. It treats 14 days as a reasonable time to reply in a straightforward case. Skipping these steps can count against you, for example in the interest or costs a court awards.
If your client is a sole trader or an individual
The Pre-Action Protocol for Debt Claims applies whenever a business claims a debt from an individual, including a sole trader. The Letter of Claim must set out the debt and whether interest or charges are still being added, and enclose an up-to-date statement of account, the Information Sheet and Reply Form from the protocol, and a Financial Statement form. It should be sent by post, and the debtor has 30 days from the date on the letter to reply.
Starting a claim
- England and Wales: claims for money go to the County Court, often online through Money Claim Online. You may be able to claim the court fee back if you win.
- Scotland: claims go to the sheriff court (simple procedure for most claims under £5,000).
- Northern Ireland: claims go to the County Court.
A contract debt is normally out of time six years after payment was due. If your invoice is that old, get legal advice before threatening court action.
ChaseLetter's third letter is a final notice for company clients, with your figures, interest and fixed sum filled in. See the letters.
Questions
How long do I have to give before taking a client to court?
For a company, 14 days is usual for a straightforward debt. For a sole trader or other individual, the Pre-Action Protocol for Debt Claims gives them 30 days to reply to a Letter of Claim.
Does the Pre-Action Protocol for Debt Claims apply to limited companies?
No. It applies when a business claims a debt from an individual, including a sole trader. Claims against companies follow the Practice Direction on Pre-Action Conduct.
How long do I have to claim an unpaid invoice?
In England, Wales and Northern Ireland a claim on a contract must normally be brought within six years. Scotland has different rules.