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Debt - Small Claims
Claims and debts of $10 000 or less
This topic has information to help you:
- when you are owed money, or
- when someone is chasing you for money.
It gives you practical tools and information for starting and defending cases about claims and debts of $10 000 or less.
The Small Claims Division of the Local Court
These materials are designed to help people who have a case in the Small Claims Division of the Local Court and do not have a lawyer. The Small Claims Division deals with claims or debts up to $10 000.
To decide where to start your case, you need to know that claims of:
- up to $10 000 are heard in the Small Claims Division of the Local Court
- more than $10 000 and up to $100 000 (or $120 000 in some limited circumstances), are heard in the General Division of the Local Court
- above $100 000 (or $120 000 in some limited circumstances) are heard in the District Court or the Supreme Court.
When to get legal advice
Some issues are very complicated and throughout this topic we explain when it is particularly important to get legal advice.
If your debt or claim is about:
- a personal loan or a credit card from a bank or financial institution
- a home loan
- renting a house or apartment
- a dispute about goods or services you bought from a business,
you should get legal advice as soon as possible. These kinds of debts and claims are not usually dealt with in the Small Claims Division of the Local Court, and you may have other options.
Does someone owe you money?
This section takes you through the steps you can take if someone owes you money including:
- sending a letter of demand
- starting a case in court
- going to court
- enforcing a judgment debt if you are successful in court.
For more information, see Does someone owe you money?
Is someone chasing you for money?
This section takes you through the steps you can take if someone is chasing you for money including:
- responding to a letter of demand
- responding to a Statement of Claim
- going to court
- what happens after the case (including what you can do if you need time to pay or you disagree with the judgment).
For more information, see Is someone chasing you for money?
Small claims flowcharts
These flowcharts show you an overview of the different parts of the legal process you might have to go through when someone owes you money, or when someone is chasing you for money.
For more information, see Small claims flowcharts.
Interactive guides
These interactive guides take you through the process of going to court for a claim or debt step by step.
For more information, see Interactive guides.
Who’s who in court
This section shows you what the court room will look like, who the different people are, and where you should sit, when you go to the Local Court.
For more information, see Who’s who - Small Claims Division of the Local Court.
Forms
This section lists the forms you may need to complete, as well as other documents like a letter of demand and terms of settlement. It also has instructions and samples to help you fill in the forms.
For more information, see Forms - Debt small claims.
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