Statement of Claim

What’s the process?

  1. File the form

After filling out your SoC, you can file it online via the NSW Online R​egistry and following the prompts.

Alternatively, you can file your SoC by taking it to the court. In this case, the court will keep the original SoC, so you should start by making copies of the form for yourself and each of the defendants. The court will stamp, date and add a file number to the SoC and send you back a copy.

  1. Serve the form

You can serve your SoC yourself or ask a friend to do it for you. Alternatively, you can pay the Local Court or a private process server to do it for you.

This process will involve an affidavit of service form (downloadable here) to be filled out by the person who served the SoC, as proof that the SoC was served.

  1. Wait 28 days

If after 28 days you have not heard from the defendant or received anything from the court, you can apply for a Default Judgement. This is where the court makes a judgment against the defendant without having to go to​​ court, as a result of the defendant not responding to your SoC.

How much does it cost?

  1. Filing fees
  • NSW Local Court Small Claims Division (civil cases under $20,000)

The filing fee for an individual or company with an annual turnover of less than $200,000, is $101. The filing fee for a company with an annual turnover of over $200,000, is $202.

  • NSW Local Court General Division (civil cases between $20,000 – $100,000)

The filing fee for an individual or company with an annual turnover of less than $200,000, is $249. The filing fee for a company with an annual turnover of over $200,000, is $498.

  • What if I can’t afford the filing fee?

You can submit an applica​tion to waive or postpone the filing fee​ and any supporting documentation such as Centrelink letters or bank statements, along with your SoC.

  1. Service fees

If you choose to use the Local Court, they will charge $43 per defendant for each address that your SoC is posted to. If you choose to use a private process server, they will charge approximately $30 – $80. You can claim a maximum of $67 back from the defendant if you win.

Legal fees may apply if you engage a lawyer to help you with the process.

What can I do if someone has served a Statement of Claim on me?

  1. Get legal advice

SoC’s are serious and timely legal documents which are the beginning of court proceedings. Therefore, we recommend obtaining legal advice ASAP if you have received a SoC.

  1. Negotiate

You may be able to come to an agreement with the other party if you negotiate with them, and they may withdraw their SoC.

  1. File a defence

If you disagree to owing part or all of the claim, you may file a defence form (downloadable here) within 28 days of being served the SoC.

  1. File a cross-claim

If you believe that the other party owes you money or goods, you may file a statement of cross-claim (form downloadable here) within 28 days of being served the SoC.

  1. What if I don’t respond?

If you don’t respond within 28 days of receiving the SoC, the issuing party may obtain a default judgment against you without having to attend court and without you being notified. This may result in your bank account being garnished or a sheriff coming and seizing your property to pay the claimed debt amount. You may apply to set aside the default judgement, however this can be difficult and results aren’t guaranteed.

 

If you wish to issue a Statement of Claim against a person or a company, or if you have been served with one, get in touch here for a quote.