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• Pre-lodgement system
• Minor civil claims
• Serving a claim
• Next steps
• Defending claims
• If you do nothing?

The fastest and most effective way to settle complaints is to handle them yourself. However, if you and the customer cannot reach an agreement, either of you can make a minor civil claim.

The Residential Tenancies Tribunal can resolve disputes between tenants and landlords.

The Civil Division of the Magistrates Court can hear disputes between consumers and traders, including builders and second-hand motor vehicle dealers who are required to be licensed.

Orders in the Magistrates (Minor Civil Claims) Court and the Residential Tenancies Tribunal can be enforced in the same way as any other orders by a Judge or Magistrate.

Before you make a claim, consider using a mediator or third person to negotiate a mutually acceptable solution to the dispute.

Pre-lodgement system

The Magistrates Court administers a Pre-lodgement System whereby an individual, business or organisation can lodge a ‘Final Notice of Claim' prior to issuing a formal claim. The system aims to encourage parties to resolve their dispute without needing to resort to the formal legal system by providing alternative courses of action.

This notice can be issued for the prescribed fee either over the counter at any Magistrates Court Registry or via the internet at www.courts.sa.gov.au

Before you issue a notice you must know the following:

• the name and address of the person you want to make the claim against
  
• the basis on which the defendant owes you money (the cause of action)
  
• the amount you want to claim.

Rule 20A of the Magistrates Court rules provides that plaintiff should give a defendant 21 days notice in writing of an intended claim.
For further information contact the Magistrates Court call centre on 8204 2444.

Minor civil claims

A minor civil claim must:

• involve an amount of $6,000 or less
• be commenced by completing a claim form and payment of a fee to the Magistrates Court
  

You (the person commencing the claim) are known as the ‘plaintiff' and the other party against whom you have issued the claim, is referred to as the ‘defendant'

Serving a claim

A claim can be served by:

• the court on your behalf, via post at no extra cost
• a Sheriff's Officer, at an extra cost, or
• yourself or some other person on your behalf.

Next steps

Once you have filed a claim, you are in charge of the matter yourself. The defendant then has 21 days in which to do the following:

• pay the full amount of the claim to you, or come to some arrangement with you to settle the matter
  
• defend the claim, or
• nothing.

Defending claims

On the other hand, if you are defending the claim, a copy of your defence will be sent to the plaintiff. You then will receive notification of when you are required to attend court. You must attend the court on this date. 0therwise the matter will be heard and decisions made in your absence.

If the other party has any documents that you require, you can write to him or her requesting to see them.

Small claims are heard in an informal manner. At the trial, neither the plaintiff nor the defendant is allowed to have a lawyer present unless both parties agree to be represented.

A magistrate will listen to the facts from both parties, ask questions and decide the outcome.

If you do nothing?

If 21 days lapse since the claim was served, and you have not responded, the plaintiff can go to a Magistrates Court registry, and ask for a judgement to be entered in their favour.

Despite obtaining judgement in your favour, however, recovering your money can sometimes be a long and difficult process, and there is no guarantee of success. Such matters can take a considerable amount of time to resolve and can be both stressful and frustrating.

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