​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 |

After the case - Debtor 

    If there is a judgment against you (if you lost the case)

    If you lost the case, there will be a judgment against you. The judgment is a court order that you have to pay money to the plaintiff.

    The amount of money will be the debt, plus filing and service fees, professional costs if the plaintiff had a lawyer, and interest (if the debt is more than $1000). Altogether this is called the 'judgment debt'.

    After judgment, you are called the 'judgment debtor' and the plaintiff is called the 'judgment creditor'.

    If there is a judgment against you there are a number of things you can do:

    1. Pay the judgment debt in full

    2. Negotiate to pay in instalments or pay a smaller lump sum

    You could negotiate with the judgment creditor about time to pay, paying a smaller lump sum or paying by instalments. For more information, see Negotiating with the creditor after judgment.

    3. Apply to the court to pay the judgment debt by instalments

    If you cannot come to an agreement with the creditor to pay by instalments you can apply to the court to pay the judgment debt by instalments. If the court makes an order that you pay by instalments and you keep to the order, this will stop the judgment creditor from taking any other action to enforce the debt. For information on how to do this, see Payment by instalments - Step by step guide​.

    4. Do nothing (not a good idea)

    If you do nothing the judgment creditor may take action to try and make you pay the judgment debt (this is called 'enforcement action'). It is not a good idea to leave things until the creditor takes enforcement action. For information on this see, Responding to enforcement action.

    5. Apply for a stay of enforcement

    If you want to stop the creditor taking any action, you could apply to the court for an order that stops the judgment creditor from enforcing the judgment debt for a period of time. This is called a stay of enforcement. See Stay of proceedings/stay of enforcement.

    6. Apply to set aside default judgment

    If the court made default judgment without you being there, you can ask the court to set aside the judgment if you would now like to defend the claim (because you believe you do not owe all or part of the money claimed). This is called 'setting aside default judgment'. See Applying to set aside default judgment.

    7. Appeal

    It is possible to appeal. Appeals from the Small Claims Division are filed in the District Court. You cannot appeal simply because you don't like the decision of the magistrate or assessor or think they made a wrong decision.

    There are only two grounds for appeal from the Small Claims Division. These grounds are:

    • lack of jurisdiction (that the court did not have power to hear the case) or;
    • denial of procedural fairness (that you were not given a fair chance to present your case).

    You must file a notice of appeal within 28 days of the judgment.

    Alert Icon  It is very important that you get legal advice before filing an appeal. If you lose the appeal, you could be ordered to pay a lot of legal costs.

    If you are not able to pay the debt, you can think about bankruptcy. This is a serious step that will affect your future. You should get legal advice and speak to a financial counsellor first. For referral to a free financial counselling service contact the Financial Counsellors Association of NSW.

    If you won the case

    If you won the case, the plaintiff's claim was dismissed and the case is now finished. You do not have to pay the amount claimed.

    The court may make orders that the plaintiff pays your legal costs. For more information on this see Legal costs.

    If you filed a cross claim against the plaintiff, you may have an order that the plaintiff pay you money. In this case, you are in the position of the plaintiff. If you want to enforce the judgment, see After the case - Creditor.

    Picture registry staff helping lady file documents