​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Serving the Statement of Claim

You must serve a stamped copy of the Statement of Claim on the defendant within 6 months of the date you filed it at the court.

You must serve the Statement of Claim according to the court rules. You can find the rules about service in Part 10 of the Uniform Civil Procedure Rules 2005.

For an interactive guide to serving court documents, see Interactive Guides - Deb​t small claims​.

Alert Icon  You must have the correct address for the defendant so that you can serve them with the Statement of Claim. The defendant needs to receive the statement of claim and if you don't have their current address, you may not be able to properly serve the defendant and you may not be able to recover the money they owe you.

How to serve the Statement of Claim on an individual

To serve a Statement of Claim on a defendant that is an individual you can:

  • hand it to the defendant
  • leave it in the presence of the defendant and explain what it is
  • leave it with a person at the defendant's home or work address who appears to be over the age of 16 years and living or working at that address
  • ask the Local Court to post it to the defendant. There is a fee of $40.00 (as at January 2016) per defendant for each address that it is posted to.

How to serve the Statement of Claim on a company

To serve a Statement of Claim on a defendant that is a company you can:

  • hand it to a director of the company
  • post it to the registered office of the company.

How to serve the Statement of Claim on a business

To serve a Statement of Claim on a business operating under a business name (not the name of an individual) you can:

  • leave it with a person who appears to be over the age of 16 years and working for the business
  • post it to an address where the business operates.

Who can serve the Statement of Claim

You can serve the Statement of Claim yourself, or ask someone to do it for you.

A private process server can also serve a Statement of Claim for around $30.00 to $80.00. You can only claim back a maximum of $65.00 (as at 1 July 2016) from the defendant if you win the case. Check the list of current court fees on the Local Courts website.

You can search for process servers in the Yellow Pages.

Remember, if you want to serve the Statement of Claim by mail, only the Local Court can mail the Statement of Claim to an individual. If it is a corporation or business, anyone can mail the Statement of Claim or serve it personally.

How to serve a Statement of Claim outside New South Wales (NSW)

If the defendant is in a state other than NSW it is still possible to serve them with the Statement of Claim.

You will need to add an extra section to your Statement of Claim called 'Service in Australia but Outside NSW'. You also need to add a notice to the end of the Statement of Claim. For an example of this, see Sample Statement of Claim 3 - interstate service. If your claim is about a car accident, see Sample Statement of Claim 3 - interstate service - car accidents.

Affidavit of Service

If the defendant does not file a Defence or an Acknowledgement of Debt, the person who served the Statement of Claim needs to fill out an Affidavit of Service form and sign it in front of a solicitor or a justice of the peace. The Affidavit of Service describes how and when the Statement of Claim was served and is evidence for the court that the Statement of Claim was served.

If you pay a process server to serve the Statement of Claim, they will fill out and sign the Affidavit of Service form. An Affidavit of Service is not required if you have paid the Local Court to mail the Statement of Claim.

The signed Affidavit of Service is filed along with your application for Default Judgment. For more information, see Default judgment.

For more information, see:

Instructions for filling out an Affidavit of Service

Sample Affidavit of Service 1

Sample Affidavit of Service 2

Serving the Statement of Claim - Frequently Asked Questions