Starting a court action to recover money owed

In Case types

To start a court action to recover money or something else owed to you, you need to file two key documents:

claim—a brief summary of what you’re asking for
statement of claim—a detailed explanation of your case.

Once your claim is filed, you’ll need to ensure the defendant receives (‘is served with’) the documents.

From there, the process will depend on how the defendant responds—whether they dispute your claim, ignore it, or pay the money.

Which court will hear your matter

The court that hears your case depends on the amount of money involved:

Amount	Court
Up to $150,000	Magistrates Court
Between $150,001 and $750,000	District Court
Over $750,000 or complex cases	Supreme Court

From 30 June 2025, solicitors with a Queensland practising certificate will be able to lodge civil claims and supporting documents in the Brisbane Supreme Court through the Queensland Courts and Tribunals Online Services Portal.

How to start a court action

To start a court action:

Fill out the claim and statement of claim forms, either:
- online
- in hardcopy:
  - Form 2—Claim (UCPR) (DOC, 46.0 KB)
  - Form 16—Statement of claim (UCPR) (DOC, 38.5 KB)
Print (if necessary) and sign the forms.
File the forms at the court registry (in person or by post). You must file:
- the originals
- two copies of each (for yourself and the defendant).

Filing fee

When filing your claim, you must pay a filing fee.

Serving the defendant

After you lodge your claim and pay the filing fee, the court will return sealed copies of your documents to you.

The seal (a stamp or impression) shows the documents are valid.

The sealed copies must be served on the defendant in person within one year of filing.

Serving the documents correctly is important because it gives the court the authority to hear your case.

Who can serve the documents

The documents can be served by:

you (the plaintiff) or another adult
private process server
bailiff.

If a company is being served

If a company is being served, the documents can be:

posted to their registered office (you can search for it using the ASIC Registers)
personally served to a company director.

Proving the claim was served

The person who served your claim must confirm this by:

Completing Form 46 - Affidavit (UCPR) (DOCX, 31.2 KB) for each defendant.
Filing the form with the court registry.

For defendants: If you wish to dispute a claim

If you’re the defendant and you disagree with the claim, you must:

Complete these two forms:
- Form 6—Notice of intention to defend (DOC, 39.5 KB)
- Form 17—Defence (DOC, 41.0 KB)
File the forms with the court registry within 28 days of being served.

Serve the plaintiff with a copy of each form.

If the defendant disputes your claim

If the defendant serves you with defence response documents, you must file a reply within 14 days of receiving them.

When preparing your reply, you can:

ask the defendant for more details if their defence isn’t specific enough
request documents or information from a third party by filing and serving Form 021—Notice of non-party disclosure (UCPR) (DOC, 53.0 KB)
ask the defendant for a list of documents they have that are relevant to your claim.

If your dispute is valued at up to $150K

Disputes up to $150,000 are heard in the Magistrates Court.

After the defendant files their defence, you can ask the registrar of the court to list your dispute for a settlement conference. Alternatively, the court may direct a settlement conference to occur.

Settlement conferences aim to help both parties resolve the dispute without a full hearing, saving time and money.

Your case won’t go to trial until:

a settlement conference has been held
all parties have completed and signed Form 48—Request for trial date (DOC, 89.5 KB).

If the defendant pays the money or you reach an agreement

If the defendant pays the debt, or you reach an agreement, you must notify the court by:

Completing Form 27—Notice of discontinuance (UCPR) (DOC, 29.0 KB).
Filing the form with the court registry.

If the defendant ignores your claim

If the defendant doesn’t respond or dispute the claim within 28 days of being served, you can request a ‘default judgment’.

This means the court rules in your favour because the defendant did not contest your claim.

The judgment includes a money order requiring the defendant to pay the amount you claimed.

Default judgment request checklist

To help prepare your request, you can use the Default judgment self-assessment checklist (DOCX, 46.3 KB).

Legal representation

You don’t need a lawyer to file a civil claim, but you may want to get legal advice.

The other party may also choose to seek legal advice.

More information

For more details about claims and statements of claim, contact us.

For queries specifically about Supreme and District Court claims and statements of claims contact the registry.