Statement of Claim

If you are legally represented, you can download the appropriate Statement of Claim form by clicking here. Otherwise, if you are acting in person or by authorised officer, you can download the appropriate form ​here.

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.

2. 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.

3. 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.

1. Filing fees

The filing fees are (as at 1 July 2022):

• ​​for an individual – $149.00
• for a corporation (company) – $298.00.

2. Service fees

If you choose to use the Local Court, they will charge $46 to serve the claim upon an individual. If you choose to use a private process server, they will charge approximately $50 – $100 + GST.

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

1. Obtain legal advice

Statements of Claim 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 statement of claim.

2. Negotiate

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

3. 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.

4. 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.

If you don’t respond within 28 days of receiving the Statement of Claim, 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.