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 - Debt small claims.
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.
To serve a Statement of Claim on a defendant that is an individual you can:
To serve a Statement of Claim on a defendant that is a company you can:
To serve a Statement of Claim on a business operating under a business name (not the name of an individual) you can:
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.
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.
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
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