Minor civil claim

The flowchart above explains what happens after you file a civil claim form at the court registry and then serve the document you have failed to the defendant. There are the three possibilities. 1. The defendant admits the claim and pay money they owe you or they offer a settlement. 2. The defendant ignores the claim: they neither admit it or file a defence. In this case you can file a default judgement form attaching your original claim and affidavit of service (proof of service). After judgement you may take out enforcement actions: warrant or garnishee order. 3. The defendant file a defence. In this case the matter generally will go to a directions hearing and then a conciliator may be involved to help you negotiate a compromise that both you and the defendant agreed on (settlement). If you can’t settle, the Magistrate will then proceed to hear your case during trial. After judgement you may take out enforcement actions: warrant or garnishee order.

The flowchart explains what happens after you file a civil claim form for a minor claim at the court registry and then serve the document you have failed on the defendant.

There are the three possibilities:

1. The defendant admits the claim and pays the money they owe you or they offer a settlement.

2. The defendant ignores the claim: they neither admit it or file a defence. In this case you can file a default judgement attaching your original claim and affidavit of service (proof of service). After judgement you may take out enforcement actions: warrant or garnishee order.

3. The defendant files a defence. In this case the matter generally will go to a conciliation conference and a conciliator may be involved to help you negotiate a compromise that both you and the defendant agreed on (settlement). If you can’t settle, the Magistrate will then proceed to hear your case at a trial. If you are successful and obtain judgment you may take out enforcement actions: warrant or garnishee order.