You should know
If you ignore a small claim made against you, a decision can be made against you in the case without hearing your side of the story. This is known as a Summary Judgment.
Your options if you have received a small claim against you
Once you have been served with the claim, you have fifteen calendar days to respond.
The options available to you are:
- Accept the claim.
- Dispute the claim.
- Dispute the claim and submit a counterclaim.
When you are served with a small claim, you will receive a number of documents
On the documents you will be known as the respondent and the person who is making the claim against you is known as the claimant.
- Application to Small Claims Registrar, this form includes details of the claim being made against you.
- Notice of Claim against Respondent, this form includes contact information for you and the claimant and information on what you can do next.
- Notice of Dispute, this is a form you must fill out if you do not agree with the claim.
- Notice of Acceptance of Liability, this is a form you must fill out if you accept the claim against you.
Responding to a small claim against you
The information below gives three options on how you can respond to the claim being made against you:
What to do if you do not agree with the claim
How to give evidence to support why you do not agree with the claim.
What to do if you want to make a counterclaim
What to do if you think the claimant was at fault.
What happens if you do not respond to a small claim against you
If you do not reply to the claim within the time allowed, Summary Judgment can be granted against you and the claimant may be awarded the full sum claimed to be paid by you.
If Summary Judgment has been granted, you will receive a Notice to Pay by post. Once you have received your Notice to Pay, you must pay within fourteen days.
If you do not pay within fourteen days the claimant will be issued a Decree by the court office. This is an official order stating what you owe to the claimant. The Decree can be used to have the judgement enforced against you.
If Summary Judgment has been awarded against you and you can prove you did not receive the original claim, you should contact the small claims registrar. They can advise you on what to do next.