[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"$f32wuno2m96d3g":3},{"faqs":4},[5,12,17,22,27,32,37,42,47,52,57,62,67,72,77,82,87,92,97,102,107,112,117,122,127,132,137,142,147,152,157,162,167,172,177,182],{"id":6,"title":7,"bodyMarkdown":8,"serviceKey":9,"locale":10,"sortOrder":11},"SmallClaimsFaqs\u002Fsmall-claims-what-is-small-claims","What is the Small Claims Division?","The NSW Local Court Small Claims Division handles civil disputes up to **$20,000**. It is designed for everyday money disputes without needing a lawyer or a barrister for every step.","small_claims","en-AU",10,{"id":13,"title":14,"bodyMarkdown":15,"serviceKey":9,"locale":10,"sortOrder":16},"SmallClaimsFaqs\u002Fsmall-claims-limitation-period","How long do I have to start a claim?","For most contract and debt claims in NSW, you generally have **6 years** from when the money became due (or was last acknowledged) to start court proceedings. Act promptly if you are close to the deadline.",20,{"id":18,"title":19,"bodyMarkdown":20,"serviceKey":9,"locale":10,"sortOrder":21},"SmallClaimsFaqs\u002Fsmall-claims-filing-fees","What are the court filing fees?","As at 2026, filing in the Small Claims Division is typically **$179** for individuals and **$358** for companies. Hardship waivers may be available. These fees can be claimed from the defendant if you win.",30,{"id":23,"title":24,"bodyMarkdown":25,"serviceKey":9,"locale":10,"sortOrder":26},"SmallClaimsFaqs\u002Fsmall-claims-letter-of-demand","Do I need a letter of demand first?","You should send a clear **letter of demand** giving the other party **14 days** to pay before filing. This helps show the court you tried to resolve the dispute and may support a costs argument.",40,{"id":28,"title":29,"bodyMarkdown":30,"serviceKey":9,"locale":10,"sortOrder":31},"SmallClaimsFaqs\u002Fsmall-claims-unpaid-invoice","Someone has not paid my invoice. What first?","Start by gathering the **invoice, contract or quote, and proof of delivery or work done**.\n\nThen send a **letter of demand** with a clear amount and a **14-day** deadline. If they ignore it, you can prepare a Statement of Claim for the Small Claims Division (claims up to **$20,000**).",50,{"id":33,"title":34,"bodyMarkdown":35,"serviceKey":9,"locale":10,"sortOrder":36},"SmallClaimsFaqs\u002Fsmall-claims-deposit-not-refunded","A builder took my deposit and never started","This is a common small-claims scenario. Keep the **signed contract, bank transfer receipt, and messages** where they admitted delay or cash-flow problems.\n\nDemand a refund in writing, keep proof of delivery, then escalate to a Statement of Claim if unpaid after the demand period.",60,{"id":38,"title":39,"bodyMarkdown":40,"serviceKey":9,"locale":10,"sortOrder":41},"SmallClaimsFaqs\u002Fsmall-claims-personal-loan","Can I claim an unpaid personal loan?","Yes — if you can show the money was lent and repayment was due. Useful evidence includes **bank transfers, messages agreeing the loan, and any written IOU**.\n\nVerbal loans are harder but still possible if you have clear supporting evidence of the amount and due date.",70,{"id":43,"title":44,"bodyMarkdown":45,"serviceKey":9,"locale":10,"sortOrder":46},"SmallClaimsFaqs\u002Fsmall-claims-who-to-sue","Should I sue the person or the company?","Sue the **correct legal entity** that owes the money. For a company, get an **ASIC extract** (~$10) so the name and ACN match the contract.\n\nSuing the wrong party wastes filing fees and can delay recovery — especially if they mentioned insolvency.",80,{"id":48,"title":49,"bodyMarkdown":50,"serviceKey":9,"locale":10,"sortOrder":51},"SmallClaimsFaqs\u002Fsmall-claims-interest-and-costs","Can I claim interest and costs?","Often yes. Pre-judgment interest may be claimed under **s 100 Civil Procedure Act 2005 (NSW)** when the debt is large enough.\n\nFiling and service fees can usually be included in your claim. Recoverable lawyer costs in Small Claims are on a **fixed scale** — not open-ended hourly billing.",90,{"id":53,"title":54,"bodyMarkdown":55,"serviceKey":9,"locale":10,"sortOrder":56},"SmallClaimsFaqs\u002Fsmall-claims-after-judgment","I won. how do I get paid?","A judgment is not money in your account. Common enforcement tools include a **garnishee order** (bank or wages), a **writ for levy of property**, or an **examination** to force disclosure of assets.\n\nJudgments in NSW generally remain enforceable for **12 years**. Choose the tool based on what you know about the debtor.",100,{"id":58,"title":59,"bodyMarkdown":60,"serviceKey":9,"locale":10,"sortOrder":61},"SmallClaimsFaqs\u002Fsmall-claims-defence-filed","What if they file a defence?","If a defence is filed, the matter moves toward a **pre-trial review**. This is the point where a lawyer often pays for itself.\n\nYou can still hand your organised case file to a lawyer for a fixed-fee quote — much of the recoverable cost may sit on the Small Claims scale if you succeed.",110,{"id":63,"title":64,"bodyMarkdown":65,"serviceKey":9,"locale":10,"sortOrder":66},"SmallClaimsFaqs\u002Fsmall-claims-default-judgment","What if they ignore the claim after service?","If they do not file a defence within **28 days** of service, you can usually apply for **default judgment**.\n\nYou will need proof of service (often an affidavit of service) and an affidavit of debt. We guide the court’s forms — affidavits are not AI-generated.",120,{"id":68,"title":69,"bodyMarkdown":70,"serviceKey":9,"locale":10,"sortOrder":71},"SmallClaimsFaqs\u002Fsmall-claims-witness-statements","Can AI write my witness statement?","No. NSW courts require witness evidence in **your own words** — you must write the statement yourself without AI drafting.\n\nOur app **does** prepare your **Letter of Demand**, **Statement of Claim**, and **Chronology** from your story and evidence, and helps you spot gaps. Use the chronology as your reference when you write the witness statement.",130,{"id":73,"title":74,"bodyMarkdown":75,"serviceKey":9,"locale":10,"sortOrder":76},"SmallClaimsFaqs\u002Fsmall-claims-before-filing","What should I do before filing a claim?","Try to resolve the dispute directly first. In NSW this is usually a written **letter of demand** giving a clear deadline (often **14 days**).\n\nExplain:\n\n- What happened\n- What you want the other party to do\n- The amount you are claiming\n- The deadline for responding\n- What may happen if the matter is not resolved (including starting a court claim)\n\nKeep copies of all correspondence and proof of how you sent it.",200,{"id":78,"title":79,"bodyMarkdown":80,"serviceKey":9,"locale":10,"sortOrder":81},"SmallClaimsFaqs\u002Fsmall-claims-how-to-file","How do I file a claim?","For most NSW money claims up to **$20,000**, you file a **Statement of Claim** in the Local Court Small Claims Division.\n\nYou generally need to:\n\n- Identify the **correct legal defendant** (person or company)\n- Explain the dispute and the material facts\n- State the amount sought (and interest or costs, if claimed)\n- Pay the court **filing fee**\n\nFiling is usually available through the NSW Online Registry or in person at a Local Court registry. After filing, you must **serve** the claim on the defendant.",210,{"id":83,"title":84,"bodyMarkdown":85,"serviceKey":9,"locale":10,"sortOrder":86},"SmallClaimsFaqs\u002Fsmall-claims-filing-deadline","Is there a deadline for filing?","Yes. Legal time limits, called **limitation periods**, apply.\n\nFor most NSW contract and debt claims, you generally have **6 years** from when the money became due (or was last acknowledged in a way the law recognises). Other disputes can have different deadlines.\n\nIf you may be approaching a deadline, seek legal advice promptly. Filing late can mean the claim is barred.",220,{"id":88,"title":89,"bodyMarkdown":90,"serviceKey":9,"locale":10,"sortOrder":91},"SmallClaimsFaqs\u002Fsmall-claims-what-evidence","What evidence should I collect?","Useful evidence may include:\n\n- Contracts, quotes, invoices, and receipts\n- Emails, letters, and text messages\n- Photographs or videos\n- Bank or payment records\n- Repair estimates\n- A timeline of events\n- Witness details (witness statements must later be in the witness’s own words)\n- Expert reports, where appropriate\n\nOrganise the evidence by date. If you go to court, bring the number of copies the court or registry asks for.",230,{"id":93,"title":94,"bodyMarkdown":95,"serviceKey":9,"locale":10,"sortOrder":96},"SmallClaimsFaqs\u002Fsmall-claims-after-filing","What happens after the claim is filed?","After filing, you must **serve** the claim on the other party. In NSW, a defendant usually has **28 days after service** to file a defence.\n\nThe other party may pay, negotiate a settlement, file a defence, file a **counterclaim**, or fail to respond. If they do not respond in time, you can often apply for **default judgment**.\n\nIf a defence is filed, the court may list a pre-trial review, mediation, or a hearing.",240,{"id":98,"title":99,"bodyMarkdown":100,"serviceKey":9,"locale":10,"sortOrder":101},"SmallClaimsFaqs\u002Fsmall-claims-settle-before-hearing","Can the case be settled before the hearing?","Yes. Settlement can save time, expense, and uncertainty.\n\nRecord any agreement **in writing**, including the total amount, payment dates, and what will happen to the court case. Do not discontinue the claim until the settlement requirements have been satisfied or adequately secured.",250,{"id":103,"title":104,"bodyMarkdown":105,"serviceKey":9,"locale":10,"sortOrder":106},"SmallClaimsFaqs\u002Fsmall-claims-what-happens-at-hearing","What happens at the hearing?","Small Claims Division hearings are relatively informal compared with higher courts. Each party usually gives a brief account of the dispute, presents evidence, and answers questions.\n\nThe decision-maker may announce a decision immediately or provide it later. Arrive early, dress neatly, remain respectful, and focus on facts supported by evidence.",260,{"id":108,"title":109,"bodyMarkdown":110,"serviceKey":9,"locale":10,"sortOrder":111},"SmallClaimsFaqs\u002Fsmall-claims-other-party-does-not-attend","What if the other party does not attend?","If the other party was properly notified, the court may decide the case without them. You will generally still need to **prove your claim**.\n\nDifferent rules may apply if a **plaintiff** fails to attend. The claim can be dismissed or adjourned, so do not assume the court will wait.",270,{"id":113,"title":114,"bodyMarkdown":115,"serviceKey":9,"locale":10,"sortOrder":116},"SmallClaimsFaqs\u002Fsmall-claims-what-is-a-counterclaim","What is a counterclaim?","A **counterclaim** is a claim brought against you by the defendant in the same proceeding. For example, they may say your work was defective and claim the cost of repairs.\n\nRead it carefully, note any response deadline, and prepare evidence that addresses both your original claim and their allegations.",280,{"id":118,"title":119,"bodyMarkdown":120,"serviceKey":9,"locale":10,"sortOrder":121},"SmallClaimsFaqs\u002Fsmall-claims-what-if-i-win","What if I win?","A **judgment** confirms that money is owed, but the court does not usually collect it for you.\n\nIf the debtor does not pay voluntarily, you may need an **enforcement** process (for example a garnishee order, a writ for levy of property, or an examination). That can involve extra forms, fees, and eligibility rules.\n\nA judgment is not a guarantee of payment. Consider whether the other party has wages, money, or other assets that can lawfully be used to satisfy it.",290,{"id":123,"title":124,"bodyMarkdown":125,"serviceKey":9,"locale":10,"sortOrder":126},"SmallClaimsFaqs\u002Fsmall-claims-can-decision-be-appealed","Can a decision be appealed?","Appeal rights in small claims matters are often **limited** and subject to **short deadlines**. An appeal is generally not an opportunity simply to present the same case again.\n\nObtain legal advice promptly if you believe a serious legal or procedural error occurred.",300,{"id":128,"title":129,"bodyMarkdown":130,"serviceKey":9,"locale":10,"sortOrder":131},"SmallClaimsFaqs\u002Fsmall-claims-are-filing-fees-recoverable","Are filing fees recoverable?","The successful party may be able to recover certain **filing and service costs**, but the rules vary with the outcome and the orders made.\n\nRecoverable **legal fees** in the Small Claims Division are often limited to a **fixed scale**, not open-ended hourly billing.",310,{"id":133,"title":134,"bodyMarkdown":135,"serviceKey":9,"locale":10,"sortOrder":136},"SmallClaimsFaqs\u002Fsmall-claims-where-to-get-help","Where can I get help?","Contact your local court or tribunal registry, a **community legal centre**, **Legal Aid**, **LawAccess NSW**, a lawyer-referral service, or a qualified lawyer.\n\nCourt staff can usually explain procedures and forms but **cannot give legal advice**. This hub can help you organise your story, evidence, and draft documents; it is not a substitute for advice on your specific case.",320,{"id":138,"title":139,"bodyMarkdown":140,"serviceKey":9,"locale":10,"sortOrder":141},"SmallClaimsFaqs\u002Fsmall-claims-customer-defective-work","A customer says my work was defective and refuses to pay. What now?","Ask the customer to identify each alleged defect **in writing** and give you a reasonable opportunity to inspect or correct the work, where appropriate. Document the completed work with photographs, messages, approvals, and records of any changes the customer requested.\n\nYour claim may need to address both the unpaid invoice and the customer’s allegations. The customer could also file a **counterclaim** for repair costs or losses.",330,{"id":143,"title":144,"bodyMarkdown":145,"serviceKey":9,"locale":10,"sortOrder":146},"SmallClaimsFaqs\u002Fsmall-claims-incomplete-or-poor-work","I paid for work that was incomplete or poorly done. Can I claim?","You may be able to claim the **reasonable cost** of completing or correcting the work. First, notify the contractor in writing, describe the problems, and request a remedy by a reasonable deadline.\n\nObtain photographs, the contract, payment records, and independent repair quotes. Avoid unnecessary or excessive repair costs. You are generally expected to take reasonable steps to **limit your loss**.",340,{"id":148,"title":149,"bodyMarkdown":150,"serviceKey":9,"locale":10,"sortOrder":151},"SmallClaimsFaqs\u002Fsmall-claims-property-damage","Someone damaged my property and will not pay for repairs. What evidence do I need?","Collect photographs, witness details, repair estimates, receipts, messages, and any incident or insurance reports. Explain in writing why you believe the person is responsible and provide copies of the relevant estimates.\n\nYour claim should usually reflect the **reasonable cost of repair** or the property’s loss in value, not the cost of an unrelated upgrade.",350,{"id":153,"title":154,"bodyMarkdown":155,"serviceKey":9,"locale":10,"sortOrder":156},"SmallClaimsFaqs\u002Fsmall-claims-unpaid-loan-friend-family","A former friend or family member has not repaid a loan. Can I make a claim?","Potentially, but you will need evidence that the money was a **loan rather than a gift**. Useful evidence includes a written agreement, a bank-transfer description, a repayment schedule, messages discussing repayment, and records of earlier payments.\n\nSend a written demand stating the outstanding balance and a final payment date. Personal history alone may not establish the terms of the agreement.",360,{"id":158,"title":159,"bodyMarkdown":160,"serviceKey":9,"locale":10,"sortOrder":161},"SmallClaimsFaqs\u002Fsmall-claims-bond-not-returned","My landlord has not returned my bond or security deposit. What should I do?","Ask for an **itemised explanation** of any deductions. Collect the lease, entry and exit condition reports, photographs, payment records, inspection reports, and correspondence.\n\nIn NSW, most residential bond and tenancy disputes are handled by **NCAT** (and often through NSW Fair Trading \u002F Rental Bonds Online), not the Local Court Small Claims Division. Check the bond-release or dispute process before starting a court claim.",370,{"id":163,"title":164,"bodyMarkdown":165,"serviceKey":9,"locale":10,"sortOrder":166},"SmallClaimsFaqs\u002Fsmall-claims-tenant-rent-or-damage","A tenant owes rent or caused damage. Can I use small claims?","Possibly, although in NSW most residential tenancy matters are handled by **NCAT**, not the Local Court Small Claims Division.\n\nKeep the lease, rent ledger, inspection reports, photographs, repair invoices, bond records, notices, and correspondence. Distinguish unpaid rent from property damage, and allow for fair wear and tear. Follow all required notice and bond procedures before making a claim.",380,{"id":168,"title":169,"bodyMarkdown":170,"serviceKey":9,"locale":10,"sortOrder":171},"SmallClaimsFaqs\u002Fsmall-claims-faulty-goods-refund","I bought something that was faulty, but the seller refuses a refund. What can I do?","Tell the seller in writing what is wrong and what remedy you want. Keep the receipt, advertisement, warranty, photographs, any expert assessment, and correspondence.\n\nThe **Australian Consumer Law** may give you rights against the seller even when a manufacturer’s warranty has expired. NSW Fair Trading or another consumer-protection agency may offer guidance or dispute resolution. A small claims court claim may still be available if the amount and the parties fit.",390,{"id":173,"title":174,"bodyMarkdown":175,"serviceKey":9,"locale":10,"sortOrder":176},"SmallClaimsFaqs\u002Fsmall-claims-online-seller-no-delivery","An online seller took my money but never delivered the item. What should I do?","Contact the seller through the platform and save the listing, order confirmation, messages, tracking information, and payment record. Use the platform’s dispute process promptly.\n\nIf you paid by card or through a payment service, ask about **buyer protection** or a **chargeback** before its deadline. Report suspected fraud to the platform and the relevant authority.\n\nA court claim may be impractical if the seller’s correct legal identity or location is unknown.",400,{"id":178,"title":179,"bodyMarkdown":180,"serviceKey":9,"locale":10,"sortOrder":181},"SmallClaimsFaqs\u002Fsmall-claims-debtor-cannot-afford","The other person says they cannot afford to pay. Is a claim worthwhile?","A judgment does not guarantee payment. Consider whether the person has wages, money, property, or other assets that may legally be used to satisfy a judgment. A written **instalment agreement** may be more practical.\n\nAny settlement should state the total amount, payment dates, consequences of missed payments, and when the court claim will be discontinued.",410,{"id":183,"title":184,"bodyMarkdown":185,"serviceKey":9,"locale":10,"sortOrder":186},"SmallClaimsFaqs\u002Fsmall-claims-accept-lower-offer","The other party has offered less than I claimed. Should I accept?","Compare the offer with your evidence, the amount you are likely to recover, filing costs, time, enforcement risk, and the possibility of losing. A certain payment may be more valuable than a larger judgment that is difficult to enforce.\n\nRecord any settlement **in writing** and clearly state whether it resolves the entire dispute.",420]