Should you go to court?
A judgment from a court can help you get your goods back, but going to court will cost you time and money.
Before you start a court case, here are some things to think about when you are deciding if it is worth it.
Can you find the other party?
To make a claim in the Local Court you have to serve a copy of the court documents on the other party and the court must have an address so that it can send letters and documents to them. You usually cannot start a case unless you can find out the correct address for the other party. If you don't serve documents on the correct address you may have trouble running a case against them.
For more information, see Identify the other party.
Are you within the time limit for making a claim?
The time limit for making a claim for recovery of goods is six years. The time will usually start from when one party first demanded the return of the goods from another. If an agreement was made for the return of the goods, the time limit starts from when the agreement ended. The time limit can be extended if the court is convinced there is a good reason to do so.
If someone won't return your goods and the time limit to start a court case has passed, you will need to ask the court for permission to start a case out of time. You should get legal advice first.
Do the goods have a connection with NSW?
To start a case in a NSW court, your claim must have some connection with NSW. For example:
- the goods are in NSW
- the agreement in relation to the goods was made in NSW
- you or the other party live or have a business in NSW.
If you are not sure whether you can file your claim in NSW, you should get legal advice.
Do you have evidence to prove your claim?
To win a court case, you need to have evidence to support your claim. Evidence to support a claim could include:
- copies of contracts, emails or letters that support what you say happened
- witnesses who can make a statement
- receipts, quotes or invoices that show how much the goods are worth.
You should consider the strength of your claim before going to court, and get legal advice.
Do you need a lawyer?
You can have a lawyer if you want one, but you may not need one. The Small Claims Division of the Local Court was set up to help people run their case without a lawyer. You will usually have to pay for a lawyer if you use one, and even if you win you will probably not get all your legal costs back.
Do you have time to go to court?
Going to court can take up a lot of your time. If the other party disputes your claim, you will usually need to go to court twice and possibly more often. You may also have to spend time doing research, serving court papers, gathering evidence, and writing statements.
Can you afford it?
If you decide to start a case in the Local Court, you will have to pay filing and service fees.
You may also need to pay:
- costs of enforcing judgment, if you win
- professional (lawyer's) costs, if you lose.
You can claim some of these costs from the other party. But even if you win, there is no guarantee that you will get all your money or your costs back.
Will you get your goods back if you win?
Getting your goods back depends on whether the other party still has them. It is possible to claim the money value of the goods instead of their return. Getting your money from the other party will depend on whether they have any savings, income or property that can be used to pay the debt.
Even if you win your case, unless the other party actually has money or assets that can be used to pay the debt, you may never get your money back.