Applying to recover your money

process server
The process server's main job is to deliver or “serve” legal documents to a defendant or person involved in a court case
affidavit of service
an important document provided by the person serving the document after they have successfully served documents to someone. This affidavit is signed by the server and details the time, date, manner of service, identity of the person served and other details of the job. If a party in the case claims to not have been notified of pending legal action, the affidavit of service can be presented to prove otherwise.

If you have a money dispute, the process to recover that money through the Civil Court starts with one person filing a claim with the courts.

At this point the process is the same for both types of claim.

1. File a claim or minor civil claim

Important: You must correctly identify the party.

2. Notify the other party

The other ‘party’ in the claim is called the defendant.

You must serve the claim on the defendant by following these steps:

  • Step 1 - serve the completed Claim and Notice to Defendant on the defendant. You can do this either:
    • in person (either you or someone else who is over the age of 18 years)
    • by registered post
      This is available from post offices. Ask for a lodgement receipt and delivery confirmation receipt and keep both receipts as they must be attached to the affidavit of service or
    • by engaging a process server (check the Yellow Pages)
    • Further information regarding service is available on our fact sheet

    If your claim involves more than one defendant, then you must serve a copy of the Claim and Notice to Defendant on each defendant.

  • Step 2 - wait 21 days from the date of serving the defendant with your claim. Then return to the Court Registry with:
    • your copy of the claim form and
    • the completed affidavit of service.

    If you have served the claim by registered post, attach the signed confirmation slip and postal receipt to your affidavit.

  • Step 3 - you can now ask the Court Registry what the defendant has chosen to do. They might:
    • pay the claim
    • offer a settlement
    • lodge a defence and maybe a counter-claim
    • ignore it.

What happens next will depend on how the defendant responds to the claim.