Common questions
Claim and statement of claim - civil
Do I need legal representation to make a claim?
No. However, if you are considering civil action you may wish to obtain independent legal advice.
Can the other party have a lawyer?
Yes. Both the defendant and the plaintiff may choose to be legally represented.
Can the Magistrates Court staff help me?
Court staff can help you with:
- filing of court documents
- enquiries about the dates of appeal hearings
- information about general court procedures and protocols.
Court staff can not:
- give legal advice
- recommend what litigants should do about their case.
How do I start the process?
As plaintiff, you can start the process by filing a Form 2 – Claim (UCPR) and a Form 16 – Statement of claim (UCPR) with the court registry.
How do I serve the other party?
Any adult can serve the other party by personally handing a copy of the claim and statement of claim to them.
You can serve the claim on a company by posting the documents to their registered office address or by serving a director of the company.
Who serves the claim on the defendant?
A claim and statement of claim can be served by:
- the plaintiff
- a private process server
- court bailiff.
If you wish to use a bailiff, court staff will explain to you the relevant fees and how you can arrange to have the bailiff serve the claim.
It is up to the plaintiff to arrange service but, for legal reasons, it is better for an independent person to serve the claim.
How can I prove that I served the claim?
Service of a claim is proved by the plaintiff filing, at the court registry, the properly completed Form 46 – Affidavit (UCPR) of service for each defendant.
Who can sign the claim forms?
A claim can be signed by:
- the plaintiff
- the solicitor for the plaintiff.
What happens if they pay me the money?
You should notify the court that the debt has been paid by filing a Form 27 - Notice of discontinuance (UCPR).
What happens if the defendant disputes the claim?
If the defendant wants to dispute the claim they must file a Form 6 - Notice of intention to defend (UCPR) and a Form 17 - Defence (UCPR).
The defendant is required to send the plaintiff copies of the documents after they are filed.
Is the matter listed straight away for a hearing after a defence is filed?
No. It is up to the plaintiff to continue the claim. Within 14 days of receiving the defendant’s defence you will need to file a reply in answer to their defence.
What happens next?
If you think the other party hasn’t been specific enough you may ask them for further and better particulars of their claim or defence.
If you believe a third party may have documents or information relevant to your action, you may file and serve a Form 21 - Notice of non-party disclosure (UCPR). This does not make the third party a party to the claim.
You may ask the third party to provide a list of the documents in their possession that are relevant to the matter in hand.
Can I request a directions conference?
Yes. After seeking further information about documents, or even immediately after the defence has been filed and served, you may request the registrar to convene a directions conference.
A claim and statement of claim will only be set for a trial after a directions conference has been held and all parties have signed a Form 48 - Request for trial date (UCPR).
What is a directions conference?
A direction conference is convened by the registrar to discuss the claim issues with the parties. The process aims to resolve matters before they go to trial or at least define the issues which will be decided at the trial.
What happens if the defendant ignores my claim?
After 28 days from the date the claim was served on the defendant, you may request a default judgment/money order for the amount outstanding.
Court staff can provide you with information about enforcing the judgment/money order.
Last updated Wednesday, 12 December 2007 14:25
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