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Next steps guide
The full NSW small claims timeline from letter of demand through filing, service, defence, judgment, and enforcement. Plain English only, not legal advice.
Send a letter of demand
A clear demand with the amount, a deadline, and what you will do if unpaid is the usual first step. You can send via the platform, post it yourself, or confirm a prior demand.
Wait 14 days
Courts expect you to have tried. Track the 14-day window from the date the demand was sent or posted.
File a Statement of Claim
For a straightforward debt recovery claim in the NSW Local Court Small Claims Division, you can usually commence with just a Statement of Claim. You do not need to file evidence, affidavits, or witness statements with it. At filing: Statement of Claim only. After a defence (if defended): the Court will usually direct exchange of witness statements and documents before the hearing. For an uncontested claim (default), you may never need a witness statement.
Serve the sealed claim
Serve the Court-sealed Statement of Claim within 6 months after filing. The permitted method depends on whether the defendant is an individual, sole trader, company, business or partnership. Use the current residential or registered-office address, keep proof, then choose the outcome below.
5A
Service succeeded: file proof
If you or a process server effected service, the person who served must complete Form 41 Affidavit of Service and sign it before an authorised witness. File it through the NSW Online Registry or the registry where the claim was filed. If the Local Court posted the claim for you, an affidavit is generally unnecessary.
or
5B
Service failed: ask for substituted service
Keep every attempt and search result. In the Small Claims Division there is no single prescribed application process: write to the Court asking for substituted service and provide your own affidavit explaining why ordinary service failed, the searches made, and why the proposed alternative is likely to bring the claim to the defendant's attention. Do not use AI to draft the affidavit. Once an order is made, follow it exactly and record the actual service date.
Monitor the Court after service
Count 28 days from the legal service date and monitor the NSW Online Registry. The defendant may pay, seek instalments, request particulars, negotiate, or file a defence. If a defence is filed, the Court sends you the defence and a notice for the pre-trial review. If no defence or acknowledgement is filed, you must apply for default judgment; it is not automatic.
7A
Default judgment
After 28 days, first check the Court record for any late defence, acknowledgement or payment. For a liquidated debt, file Form 38 Notice of Motion for Default Judgment with its supporting affidavit and Form 41 Affidavit of Service, unless the Court effected service. File Form 38 within 14 days after signing its affidavit. The application is usually decided without attendance and need not be served on the defendant.
or
7B
Defended claims
Only needed after a defence is filed and the court directs exchange of statements. Write it in your own words. AI cannot draft your evidence statement.
Judgment and orders
Read the sealed orders, confirm the amount awarded, costs and interest, and check for any stay or instalment order. A default judgment may be set aside. If the judgment remains unpaid and enforcement is not stayed, record the judgment date and choose an enforcement path.
Enforcement
A judgment is not money yet. Prepare the relevant Court documents, then file them under your existing case in the NSW Online Registry and pay any fee shown before submission. Common paths are Form 51/52 examination notice, Forms 53/54 examination order, Form 69 garnishee motion, or Forms 65/66 writ for levy of property.