How to File a Small Claim in Hong Kong

Being owed money is an unpleasant feeling. It might be months of rent a tenant hasn't paid, an outstanding balance after you've delivered goods, or money lent to a friend that never seems to come back. The amount may not be huge, but it is aggravating — you want to chase it, but you also worry that going after it means a complicated process and lawyers' fees that eat into whatever you recover.

The good news is that Hong Kong has a venue built exactly for this situation: the Small Claims Tribunal (SCT). It was designed so that ordinary members of the public could recover smaller debts themselves, without a lawyer, at an affordable cost. This guide walks through the claim limit, filing fees, the actual procedure, whether you need a lawyer, and — crucially — how to actually get paid after you win. Everything below is drawn from public information published by the Hong Kong Judiciary and the Small Claims Tribunal Ordinance (Cap. 338).

What Claims Does the Small Claims Tribunal Handle

Before spending time preparing documents, it's worth confirming one thing first: is your situation actually suited to the Small Claims Tribunal? This one step, basic as it sounds, can save you from a lot of wasted effort.

The Tribunal exercises jurisdiction under section 5 of the Small Claims Tribunal Ordinance over money claims founded on contract, quasi-contract, or tort, up to the specified limit — though the Ordinance sets out certain matters that fall outside the Tribunal's jurisdiction. The whole procedure is deliberately kept simple and informal, precisely so members of the public can handle it themselves.

What Is the Small Claims Tribunal's Claim Limit?

The answer is HK$75,000. This ceiling was raised from the original HK$50,000 on 3 December 2018 — so as long as the debt falls within this range, you have the option of pursuing the simpler Tribunal route.

Note that you cannot deliberately split a claim into smaller pieces to fit under the limit. But if your debt only slightly exceeds HK$75,000, you're not entirely out of options either — you can choose to abandon the excess and pursue the remainder at the Tribunal.

Common types of disputes suited to the Tribunal include:

• Landlords recovering rent arrears from tenants
• Payments never received after goods were sold or services rendered
• Disputes over personal loans between individuals
• Financial losses arising from a breach of contract

That said, if the matter involves a land ownership dispute, a matrimonial or family matter, a criminal matter, or a claim exceeding HK$75,000 that you're not willing to abandon the excess on, you'll need to go through a different court or route.

Options Worth Considering Before You File

Don't rush to file just yet. Sometimes one extra step beforehand saves considerable time and effort — there are a few avenues worth trying before formally lodging a claim.

Do You Have to File a Claim to Recover the Debt?

Not necessarily. Often, a formal demand letter that clearly states the amount owed, the date, and a repayment deadline — or a serious round of negotiation or mediation — is enough to break the deadlock, without ever needing to file. That said, if the other side has gone silent, disappeared, or flatly refused to pay, filing sooner rather than later is the safer move. Whether to file the claim yourself or get help from someone else ultimately depends on your and the other party's circumstances. If you'd rather have someone familiar with the process walk you through it, it's worth seeing what our filing assistance service actually covers and what it costs.

The Filing Procedure: From Forms to the Hearing

When people hear "filing a claim," the first reaction is often: won't this be complicated and intimidating? It really isn't. The process has clear steps, and most people can manage it if they follow them one at a time.

How Do You File a Claim at the Small Claims Tribunal?

In short, you need to complete and submit two forms in person — Form 1 ("Heading of Claim: General Form") and Form 2 (the "Particulars of Claim") — and pay the filing fee. Form 1 records the names and Hong Kong addresses of the parties; Form 2 sets out the amount claimed, the grounds, and how the amount is calculated, and is signed by you personally (for a field-by-field walkthrough and the five most common mistakes, see our guide to completing the claim form).

From there, the process generally runs like this:

1. Filing and payment: attend the Tribunal registry in person to submit Form 1 and Form 2, and pay the filing fee.
2. Service of documents: the court Bailiff serves Form 1, Form 2, and Form 3 (which states the hearing date) on each defendant by ordinary post; the first hearing is generally scheduled within 60 days of filing.
3. First hearing: the Adjudicator classifies the case as disputed or undisputed, attempts to facilitate settlement, and gives procedural directions where necessary.
4. Further mentions: if the case is disputed, one or more further mentions may be needed to deal with procedural matters.
5. The trial: each party gives evidence under oath and may be cross-examined; the procedure is informal, but thorough preparation of evidence and documents and knowing how to present and respond on the day still make the difference.
6. Judgment: the Adjudicator makes a determination or order.

If you're on the other side of this — a defendant who has received a Tribunal summons — the time limits and correct response are covered in our complete guide for defendants.

Fees: The Filing Fee and Other Charges

When it comes to recovering a debt, the practical question on everyone's mind is: is it actually worth it? Could the cost of chasing the money end up higher than the debt itself? On this front, the Tribunal is fairly generous — the fees are low.

The filing fee is tiered into four bands depending on the claim amount, ranging from HK$20 to HK$120 — far below the litigation costs of higher courts. The table below reflects the fee schedule published by the Hong Kong Judiciary (fees are set by subsidiary legislation and may change from time to time — check the Judiciary's latest publication before filing):

How Much Does It Cost to File a Claim at the Small Claims Tribunal?

Claim Amount (HK$)	Filing Fee (HK$)
Not exceeding 5,000	20
Over 5,000 up to 25,000	40
Over 25,000 up to 50,000	70
Over 50,000 up to 75,000	120

Beyond the filing fee, a few other charges are worth knowing about: applying for a review, applying to set aside a determination or order, or applying for leave to appeal each cost HK$61; a summons with particulars (including service, per witness) costs HK$33; filing a writ of execution costs HK$55; and submitting an amended document costs HK$20. (For a full breakdown of every charge, plus how to work out whether pursuing the debt is actually worth it, see our complete guide to fees.)

Do You Need a Lawyer? Is Legal Aid Available

"Do I need to hire a lawyer first?" is probably the question that worries people most. The answer might come as a relief.

Do You Need a Lawyer for a Small Claim?

No — in fact, lawyer representation generally isn't even permitted. Under section 19 (Right of audience) of the Small Claims Tribunal Ordinance (Cap. 338), a barrister or solicitor may not represent any party at the Tribunal, unless that legal practitioner is themselves the claimant or defendant in the case. In practice, this means individual claimants generally present their own case in person (see our practical tips for representing yourself without a lawyer); a company, partnership, or other non-natural-person party may instead be represented by an officer, a partner, or an authorised person approved by the Tribunal (other than a lawyer). This isn't meant to make things harder — it's a deliberate design choice to keep the cost and barrier of recovering a small debt low. Of course, if a case is later appealed to the Court of First Instance, the parties can engage lawyers for the appeal at that stage.

Can You Get Legal Aid for a Small Claims Case?

Generally, no. The Legal Aid Department's Ordinary Legal Aid Scheme explicitly excludes claims at the Small Claims Tribunal and the Labour Tribunal, so don't assume Tribunal cases qualify for legal aid. That said, you're not entirely without support — a few free official channels are worth noting:

• Duty Lawyer Service — Free Legal Advice Scheme: volunteer lawyers give you a preliminary opinion on your legal position (a preliminary opinion only — no follow-up or representation).
• Small Claims Tribunal Advice Centre (1/F, Block B, West Kowloon Law Courts Building) and the registry hotline 2877 4068: help with procedure and sample forms, though staff cannot give legal advice.

(Some government or community organisations also offer free consultations on general civil procedure questions, but eligibility and any means test vary by scheme.)

After Judgment: How Enforcement Works

Winning the case — does that mean the money is as good as in your pocket? Here's a reality that's easy to overlook but genuinely important: winning is only the first step of actually getting paid.

What If the Other Side Still Won't Pay After You Win?

To be clear upfront: a judgment does not automatically put money in your hands — the winning party still has to actively take enforcement steps. The Judiciary itself states that the Tribunal "will not chase the losing party for payment." The enforcement method set out in the Tribunal's guidance is applying for a writ of fieri facias: you submit the relevant form at the registry and pay the fee (HK$55), then hand the writ, together with a deposit, to the Bailiff's office; the Bailiff then seizes the judgment debtor's property and, after a 5-working-day grace period, may sell it — though the Bailiff cannot force entry into residential premises (for the full enforcement process, and what to do if the writ doesn't recover the debt, see our guide to enforcing a Small Claims Tribunal judgment).

Worth flagging: the writ of fieri facias is the enforcement method set out in the Tribunal's own official guidance. Garnishee orders and charging orders, by contrast, belong to the general enforcement procedures of the District Court or Court of First Instance — they are not a published Tribunal procedure, so don't confuse the two.

If you have reservations about the judgment and want to apply for a review or leave to appeal, the timeline is tight: you can apply to the Tribunal for a review within 7 days of the determination or order using Form 8C (fee HK$61), usually handled by the same Adjudicator; or apply to the Court of First Instance for leave to appeal within 7 days of the written determination or order being served, using Form 9. Note that leave to appeal is only granted where the case involves a point of law or a question of jurisdiction, and once the Court of First Instance refuses leave, that decision is final.