Legal Question in Credit and Debt Law in Australia

small claims

An ex-friend of mine owes me $500 ans i want to lodge a claim in the small debts jurisdiction of the magistrates court (in Sydney, NSW). Just wondering how i would go about doing that


Asked on 10/15/03, 8:44 pm

1 Answer from Attorneys

Tim Wishart McMahons National lawyers

Re: small claims

You need to have evidence of the debt.

The court registry is usually pretty helpful with providing forms and how to fill them out.

You fill out the form and file it with the court and pay the filing fee. You will probably then need to arrange to have the claim served on your 'friend'.

Your friend will have a set time in which to defend the claim. If no defence is filed you can obtain judgement by default. Again the court registry should be able to assist you with the nuts and bolts.

If a defence is filed the court will set a hearing date. The Queensland courts (with which I am familiar) publishes a pretty helpful guide.

Good luck

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Answered on 10/15/03, 9:01 pm


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