Common questions
Minor Debt Claims
Do I need legal representation to make a minor debt claim?
No. However, if you are considering civil action you may wish to obtain independent legal advice. However, a lawyer cannot represent you at the hearing without the other party’s agreement or an order of the magistrate.
Can the other party have a lawyer?
Yes, the other party may consult a lawyer. However that lawyer cannot represent the other party at the hearing without your agreement or an order of the magistrate.
Can the Magistrates Court staff help me?
Court staff can assist you with general procedural matters. Staff will help you with:
- filing court documents
- information about general court procedures and protocols.
Court staff can not:
- give litigants legal advice
- recommend what litigants should do with regard to their case.
How do I initiate the process?
As a plaintiff, you can initiate the process by filing a Form 3 – Minor debt claim (UCPR) in the court registry.
How do I serve the other party?
Any adult can serve the claim on the other party by personally handing the minor debt claim to them anywhere.
You can serve the claim on a company by posting it to their registered office address or by serving a director of the company in person.
Who serves the claim on the defendant?
A minor debt claim can be served by:
- the plaintiff
- a private process server
- court bailiff.
Court staff will explain how to arrange a bailiff to serve the claim, and the relevant fees, if required.
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 do I prove I made the claim?
Service of a minor debt claim is proved by the plaintiff filing, at the court registry, the properly completed affidavit of service for each defendant.
Who can sign the claim forms?
A minor debt claim can be signed by:
- the plaintiff
- the solicitor for the plaintiff
- a licensed commercial agent who is authorised in writing by the plaintiff.
What happens if the defendant pays me my money?
You should notify the court that the debt has been paid using a Form 27 - Notice of discontinuance (UCPR) although some registries may accept a fax or letter.
What happens if they dispute the claim?
If the defendant wants to dispute the claim they must file a Form 4 - Notice of intention to defend and defence of a minor debt claim (UCPR).
The defendant is required to send the plaintiff a copy after the court has filed it.
Some courts refer defended minor debt claims to mediation however some courts will list the matter for a hearing. Please check with the registry you are dealing with.
What happens at a hearing?
The magistrate gives all parties an opportunity to present evidence and call witnesses to support their case.
Each party has an opportunity to ask the other party questions and vice versa. After listening to all the evidence the magistrate makes a decision.
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 outstanding amount.
Court staff can provide you with information about enforcing the judgment/money order.
Last updated 19 December 2007
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