If you win the case, the magistrate or assessor will make an order that the defendant pay you the money you are owed. The orders the court makes are called the 'judgment'.
After judgment you are called the 'judgment creditor' and the defendant is called the 'judgment debtor'.
The debtor should pay the amount they owe you plus any additional amounts ordered like interest or costs.
The judgment debtor may make an offer to you to pay by instalments or may make an application to the court to pay by instalments. If the court makes an order for payment by instalments this stops you taking any other action to enforce the debt, as long as the judgment debtor continues to pay the instalments. It is possible to object to the court making an order for payment by instalments.
For more information on this, see
Payment by instalments - Creditor.
If you have a default judgment, sometimes the judgment debtor will make an application to the court to set aside (cancel) the judgment. This usually happens if the judgment debtor says that they did not receive the Statement of Claim or that something stopped them responding to it within 28 days (for example, they were sick or overseas).
For more information on what to do if this happens, see
Responding to an application to set aside default judgment.
If the judgment debtor does not pay you, there are things you can do to try and force them to pay. This process is called 'enforcement'. You have up to 12 years from the date of a judgment to enforce the judgment.
For information on how to enforce a judgment, see
Enforcing a judgment debt.
If you have an order for the payment of an amount of money from NCAT and the respondent does not pay, it is possible to enforce this decision through the Local Court.
Before you can enforce an NCAT decision, you need to register it as a decision of the Local Court.
For a guide on how to do this, see
Enforcing NCAT orders - Step by step guide.
You can also use this guide to enforce orders of the Consumer, Trader and Tribunal (CTTT). From 1 January 2014, CTTT orders are treated as if they are orders of NCAT.
If you have an order for possession of property or an order for work to be done you can get further information on how to enforce these orders from the
NCAT website. It is also a good idea to get
If you lost your case, the magistrate or assessor may have ordered you to pay some legal costs to the defendant. For more information on this, see
It is possible to appeal your case, if you lost and disagree with the court's decision.
Appeals from the Small Claims Division are filed in the District Court. There are only two grounds for appeal from the Small Claims Division. These grounds are:
cannot appeal on the ground that you think the magistrate or assessor made a wrong decision.
The time limit for filing an appeal in the District Court against a judgment in the Small Claims Division is 28 days from the date of the judgment.
It is important that you get
legal advice before filing an appeal. It is very difficult to have a successful appeal from a decision in the Small Claims Division. If you lose the appeal, you could be ordered to pay a lot of legal costs.