Step by step guide: Starting a case for recovery of goods in the Local Court
If you are trying to recover goods and the NSW Civil and Administrative Tribunal (NCAT) tells you they can’t hear your matter because it does not fall under the Uncollected Goods Act 1995, you may be able to start a claim in the Local Court.
If you want to start a case in the Local Court you will need to fill out a Statement of Claim form and file it in the Small Claims Division of the Local Court if the amount you are claiming is worth less than $20,000. Claims over $20,000 are dealt with in the General Division of the Local Court.
The person starting the claim is called the ‘plaintiff’ and the other party is called the ‘defendant’.
Before deciding if you want to start a case in the Local Court, you should get legal advice.
You have six years to start a claim in the Local Court for money owed. If you are not sure, get legal advice.
Step 1: Get the form
You need one form:
- Form 3B – Statement of Claim.
You can get the form from:
Step 2: Fill out the form
You can fill out your form:
- by completing it on your computer
- by printing the form and completing it in blue or black pen, or
- on the
NSW Online Registry website.
To fill in the form you should have the following information ready:
- the defendant's name
- the correct street address for the defendant (not a post office box)
- dates and events for your claim
- the details of the goods you want to recover, including the market value of the goods
- the address of the Court where you are going to file your Statement of Claim.
It is very important that you make your claim against the right person or business, that you use the right name and you have the correct address. You will waste time and money if you make the claim against the wrong person or business as your claim may be dismissed or the judgment might not be enforceable. For further information, see Finding and naming the defendant.
You can also claim interest if the amount of your claim is $1,000 or more.
Step by step guide: Working out pre-judgment interest.
Once you have completed the details in the form, you will need to sign the form.
Instructions: Instructions for completing a Statement of claim for goods
Sample: Statement of claim for goods
Step 3: File the form
The next step is to file the form at your nearest Local Court.
You can file the form:
- by taking it to the Court, or
- by post.
You will need to file the original Statement of Claim plus one copy. The Court will keep the original and will give you back the stamped copy. You will need to make one copy for each of the defendants and a copy for yourself.
If you are nearly out of time to start a case it is a good idea to file your Statement of Claim in person or online to avoid the possibility of your form getting lost in the post.
Pay the filing fee
You will need to pay a filing fee. The filing fee for an individual is $106.00 (as at 1 July 2021).
If you want the Court to serve the Statement of Claim on the defendant, you will need to pay an additional fee at the time of filing the form.
For current fees, see
Fees on the Local Court website.
You can pay by cash, credit card, EFTPOS or cheque. If you are paying by cheque it should be made payable to the NSW Local Court.
If you can't afford the filing fee
If you can't afford the filing fee you can ask the Court to:
- waive it, which means you don't have to pay it
- postpone it, which means you may have to pay it at a later date.
You should attach copies of documents that support your application, such as Centrelink letters, payslips, bank statements, tax returns and evidence of debts you owe. You can take or mail the application form with attachments to the Court when you file your Statement of Claim.
The Court will 'seal' the form
The Court staff will stamp, date and put a file number on the Statement of Claim and the copy. A document with a Court stamp is called a 'sealed copy'.
The Court will keep the original and return the sealed copy to you.
Step 4: Serve the form
Once you have filed the Statement of Claim, it needs to be served on the defendant. 'Serving' the Statement of Claim form means giving or sending a sealed copy of the form to the defendant. There are rules about how to properly serve the Statement of Claim.
Step by step guide: Serving the Statement of Claim.
Step 5: Wait 28 days for the defendant to respond
After you serve the Statement of Claim on the defendant, you must wait 28 days. During this time, the defendant may:
- return your goods
- pay you the value of the goods
- ask for more information
- try to negotiate and settle the dispute
- file a Defence disputing the claim, or
- do nothing.
If the defendant files a Defence, you will need to go to a Pre-trial Review and hearing. For more information, see
During your case.