Checklist: Starting your case
Use this checklist to follow the steps to start a case in the Local Court – Small Claims Division. For more information, see Starting your case.
Get Form 3B - statement of
claim from a  Local Court registry or on the Uniform Civil Procedure Rules (UCPR)
website. | 
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Make sure you have all the information you need: - name and address of defendant(s) (and Australian company number if defendant is a company)
- amount of your claim
- amount of interest you are claiming
- amount of filing fee
- amount of service fee
- brief explanation of how the claim arose, including relevant dates
- name and address of the court where you will be filing the statement of claim.
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Make sure you have the correct
name and address of the other party (the defendant). | |
Fill out the statement of
claim form. | |
Sign and date the statement
of claim form. | |
Make copies of the signed statement
of claim form (two copies if there is one defendant, three copies if there are
two defendants etc). | |
Take or mail the original statement
of claim and the copies to the Local Court and pay the filing fee (and service
fee if the Local Court is going to serve the statement of claim by post).
Cheques and money orders should be made out to NSW Local Court. | |
The court will stamp the
original statement of claim and copies. The court will keep the original and
return the copies to you. | |
Keep one of the stamped
copies for your own records. | |
Decide how you will serve your statement of claim: - postal service by the court
- personal service by a process server
- postal or personal service
by yourself or a friend or relative (remember that only the court can serve an individual defendant by post).
| |
If you are getting a
process server or other person to serve the statement of claim, provide an additional
stamped copy of their affidavit of service. | |
If you or a friend or
relative are serving the statement of claim, keep a record of when, where and
how the statement of claim was served, and any words said by the person serving
and the person served. | |
Ask the person who served
the statement of claim to provide you with an affidavit of service. | |
After the statement of
claim has been served wait 28 days to see whether the defendant pays your claim
or files a defence. | |