1

Someone owes money in Australia, Can I file case against that person?

He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's been over year now.

  • Are you in Australia as well? – mkennedy Aug 22 '16 at 20:00
  • No, I'm in pakistan – Basit Aug 22 '16 at 20:40
3

Yes, the correct forum is the Local Court in the relevant state (in some states these are called Magistrate's Courts). The amount is too large ($10,000) to qualify as a small claim .

If you want to do it yourself the court websites are very informative and in NSW, at least, the process can be initiated online including your paying for the Sheriff to serve the summons (they will not find the person, you have to give them an address). After being served they have 28 days to file a defence or you can get a default judgement and begin recovery. If they do file a defence then things will get more expensive.

Of course, you may want to hire a local lawyer.

  • If it was local court (Magistrate's Courts), does that mean they will take care of all the costs? – Basit Aug 23 '16 at 1:10
  • No, you have to pay all the filing fees, solicitor's costs etc., however, you can include these in the amount you claim from the defendant. – Dale M Aug 23 '16 at 1:12
  • Also would I need to go to Australia for court hearings? (I'm assuming I need some special visa for it, not a tourist visa, if I have to go) – Basit Aug 23 '16 at 1:12
  • You shouldn't need to. If they do not file a defence there is no hearing. If they do, your solicitor can represent you. – Dale M Aug 23 '16 at 1:13
  • But what If I want to? or what if court needs my statement? – Basit Aug 23 '16 at 1:16

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