How do you fill out a statement of claim?
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 what you are claiming including the amount of money claimed.
How do you write a court statement of claims?
– The Statement of claim should start by identifying the parties to the dispute and their relationship to each other. – Include any relevant background facts. – Explain how and in what way the defendant has wronged you according to law. This is the legal basis for your claim.
How do I serve a statement of claim NSW?
Step by step guide: Serving the statement of claim
- Step 1: Decide who will serve the statement of claim.
- Step 2: Serve the statement of claim.
- Step 3: Apply for substituted service, if you need to.
- Step 4: Confirm the date of service.
- Step 5: Get the affidavit of service form.
What must be included in a statement of claim?
The statement of claim sets out the details of the dispute, including why the applicant is taking legal action, as well as the facts of the case, like the nature and amount of the debt owed and what the creditor is asking for. A statement of claim can usually be served personally or by post.
How much does a statement of claim cost?
The current fee for filing a Statement of Claim is $101.00 or $202.00 if you are filing on behalf of a company with an annual turnover of more than $200,000. You must then arrange service of the claim on the other party.
What happens after a statement of claim is filed?
After you or your lawyer have drafted a statement of claim, it will be filed with the court and served on the other party to the dispute. Filing a statement of claim puts the matter into the court’s systems and allows the case to be listed for a hearing later on — it starts the process of going to court.
What is the purpose of a statement of claim?
A statement of claim is a court document that sets out how much or what the other party claims you owe them and why they are making the claim. The statement of claim starts a court case. You are called the ‘defendant’, and the person who started the case against you is called the ‘plaintiff’.
How long do you have to serve a statement of claim NSW?
An originating process must be served on the defendant within 6 months of filing. In the District Court, the originating process must be served within 1 month where the defendant is inside NSW.
How much does it cost to file a statement of claim in NSW?
What is the next step after statement of claim?
After serving your Statement of Claim on all the parties, you must wait for the defendants to file their Statements of Defence. If served in Alberta, the Defendant has 20 days after service of the Statement of Claim to file their Statement of Defence and provide you with a copy.
What happens if you don’t respond to a statement of claim?
If you have been served with a statement of claim, you need to act promptly. Crucially, if you fail to respond, the court may enter a default judgment against you.
How long do you have to issue a statement of claim?
Where can I file a statement of claim in NSW?
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. You can also complete and file these forms online using the NSW Online Registry .
Which is an example of a completed statement of claim?
This is an example of a completed statement of claim – debt. It is important to complete this form using your own details and based on your own circumstances. If you need more help, get legal advice . Do not try to file this sample form at court. This sample form is provided in Word format.
How to file a statement of claim debt?
If you need more help, get legal advice . Do not try to file this sample form at court. This sample form is provided in Word format. Sample statement of claim – debt (43kb) For more information on completing this form, see Instructions for filling out a statement of claim – debt .
Where to file recovery of goods statement of claim?
Recovery of goods Sample statement of claim – interstate service (if the defendant is outside NSW). The next step is to file the form at your nearest Local Court. You can file the form: 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.