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Estimated Time to Build: 14 - 17 Minutes
Jurisdiction: New South Wales
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Please follow this link for the local court information.The information is categorised as per different regions in New South Wales.
This hint is provided by Law Central Legal.
QUESTION: I have a debt I need to recover. The guy is in NSW. We live in Vic and trade out of Vic. Which document should I use?
ANSWER: There are 2 issues. You want to sue in your jurisdiction because it is easier. You live there and you can go to the Court close to you. Less travelling is required. So it is generally best to sue someone in your home state where you live.
However, this may not always be fair to the debtor. If you signed an agreement in the other state and you said that you would sue in that other state if something went wrong then it would be unfair to sue in your home state. Apart from that you are welcome to sue in your home state.
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The Debtor is the person that won't pay the Lender back their money. You the Lender, lend money to the Debtor.
Each Debtor needs to be mentioned. If you lent money to both a Husband and Wife then you need to press "add" twice to individually enter both of them into Law Central.
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The Letter of Demand and Statement of Claim should be as accurate as possible. If 4 people are the Lenders then all 4 people should be mentioned.
You will need to press "Add" and keep adding the Lenders until all of them are individually mentioned.
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A company can lend you money. A human being can lend you money.
COMPANY
Let's say the first person you insert as a Lender is a company. You press the Company button on the top of the page. You then fill out the company details - "Company Name" and "ACN". The Company Name must look like one of these:
************ Pty Ltd (most common)
************* Ltd (this is a Public company)
****************NL (this type of company is only for Public mining companies)
If you don't have the company’s correct name or ACN then you should do a free search for their correct details at www.asic.gov.au. Remember, you want to be as correct as possible. What does being correct mean? It means that you are serious in recovering your money from the Debtor. Also, only the Lender can recover the money. Therefore, if Jenny and John sue for the money, but their money is really owed to their company then they won't win. In this scenario the wrong person is suing. They should have sued in the company's name.
Look at your loan agreement, contract or the invoice that you gave the Debtor. Make sure the right person or persons are suing the Debtor.
HUMAN BEING
Each human being needs to be inserted separately. This time click on human. Use the Lender's full legal name. Be as correct as possible.
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The Local Court allows you to claim up to $100,000.00 plus costs.
If your debt is for $105,000.00 and you sue in the Local Court then you can only recover up to $100,000.00.
If you want to recover more than $100,000.00 then you need to sue in a higher court - such as the District Court or Supreme Court.
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Yes, it does. If you are inserting a company as a Lender then select 'Company' and only complete the 'Company Name' and 'ACN' (and of course the address).
The government introduced numbers for companies back in 1989. It helps identify the company.
Don't know your ACN? Then you can do a free search for your company at www.asic.gov.au.
When entering your ACN, make sure that you type the letters ACN before your Company number.
E.g. ACN 123 456 789
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This letter of demand works Australia wide. However, the Summons is only for lodging at a Local Court in New South Wales.
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The Debtor is the person that won't pay you the Lender back your money. You the Lender, lend money to the Debtor.
Each Debtor needs to be mentioned. If you lent money to both a husband and wife then you need to press "add" twice to individually enter both of them into Law Central.
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If John Smith only owes you the money, then John Smith is the only Debtor.
If John Smith and his Partner owe you the money for the goods you supplied then you have 2 Debtors.
If however, John Smith and Jan Smith guaranteed the debt for the company then you have 3 Debtors. All 3 Debtors have to be included.
Just make sure you include all the Debtors.
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Make sure you know the exact full name of the person you are suing.
The more exact you are the better the documents look and easier it is to get the documents served on the Debtor.
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Be careful. You may need 2 Letters of Demands & Statements of Claims.
Obviously if you went out and lent Frank and Fred some money both would be liable. If this was the case then you can sue them together and do the Letter of Demand together.
But if they were just 2 trade creditors that didn't even know each other then prepare separate Letters of Demand and Statements of Claim.
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A ‘Statement of Claim’ is a document that sets out:
• How much you are owed;
• Who owes it to you;
• Why you believe the other person or business owes you the money; and
• How long they have to pay the money to you.
Once you have completed the Statement of Claim, you lodge it with the Local Court. The Local Court will sign and stamp the document. You will then be given a Summons which must be handed to the person or business who owes you the money.
There are a lot of Local Courts in the region where you live. You don’t need to go to the one in the city. You can choose one that is closest to you. Please follow this link for the local court information.
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You sue the Trustee.
E.g. Smith Nominees Pty Ltd is the trustee of the Smith Family Trust - sue Smith Nominees Pty Ltd.
E.g. Mark Spencer as trustee of his wife - just sue Mark Spencer.
E.g. Colin Atkins as trustee of the Atkins Family Trust - just sue Colin Atkins.
You don't need to refer to the fact that you are suing the Debtor in their capacity as Trustee. It isn't generally relevant. The Trustee is liable for the Debt. They can seek to get the money out of trust funds or from the beneficiaries. That is not your business. You just want the money.
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Please only put in numbers e.g. 3,456.34
Don't write in any words.
Leave out the dollar sign.
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The Local Court allows you to recover a debt up to $100,000. If the Debtor owes you $105,000.00, then you will need to sue in another court such as the District Court or Supreme Court or reduce your claim down $5,000 to $100,000.00.
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That's O.K. too. You can use this LawCentral debt recovery document to claim whatever the amount of money the other person owes you, even if it is a hundred dollars or less.
If your claim is $10,000 or below, your claim will be dealt with in the Local Court - Small Claims Division.
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That is OK. You can just liquidate your damages.
Let's say that you paid the plumber $8,000 to do the kitchen. He took $4,000 up front and never came back. You can sue him for the return of the $4,000.
What about the gardener? He put in $12,000 worth of plants and they all died a week later. You need to recover that $12,000 from the gardener. Send the Letter of Demand. Wait 2 weeks and hit him with the Statement of Claim.
You need some work for a client. It was a $54,000 job. Half way through the client tells you he doesn’t want to proceed. You total up your costs to date. It is $22,000. Sue the client for that $22,000.
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You will need to understand the elements to a Statement of Claim as you complete the claim details and cause of action as this will be used to complete the Statement of Claim generated at the end of the document building process. Please click into the NSW Lawlink website for useful information.
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When you sue someone you need to give them an address to which they can send you their documents (if any).
This is usually your home address.
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A Cause of Action is the reason you are making this Claim. It is the story - it needs to be a short story. It needs to have all the facts. There are some examples on the page. Keep this tight and short.
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The Cause of Action (shown in the Statement of Claim as 'Pleadings and Particulars') outlines the facts surrounding the debt. When you are drafting your Cause of Action, you should treat it as a short, fact based narrative about the history of the debt. You should describe:
1. How much you are owed;
2. Who owes the money to you;
3. Why you believe the Defendant owes you the money;
4. How long the Defendant had to pay the money to you;
5. How long the debt has been owing;
6. The events leading up to the money being owed;
7. Any source documents, such as loan agreements, invoices, credit agreements etc.
Refer to yourself as the plaintiff and to the debtor as the defendant.
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1. On 16 January 2014 the Plaintiff, at the Defendant's request, supplied and delivered to the Defendant's address at 12 Murray Street, Sydney, New South Wales goods comprising of stationary supplies.
2. The Plaintiff issued an invoice for the sum of $12,000 to the Defendant dated 16 January 2014, payable within 28 days, for the goods supplied on 16 January 2014.
3. The Defendant has failed to pay the invoice. The total amount outstanding is $12,000.
4. The Plaintiff claims
(a) Debt of $12,000; and
(b) Interest pursuant to section 100 Civil Procedure Act 2005 from 16 January 2014 to 20 August 2014.
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For security reasons, Law Central times out after 15 minutes of inactivity.
Causes of action can take some time to write. Therefore, you may wish to prepare your cause of action in another program and simply cut and paste it into Law Central.
Ensure that you number each paragraph consecutively end each paragraph with a full stop.
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The below examples give an indication of the kind of details that should be included for each type of transaction.
You may need to also include further details about how the Defendant came to owe the money, such as details of invoices rendered.
Your Cause of Action should be a succinct story that uses facts to show how the money is owed.
GOODS SOLD. Being goods sold and delivered by the plaintiff to the defendant at the defendant's request on or about the [Date when goods were sold] at [Address where goods were sold] and comprising of [description of the goods].
WORK DONE AND MATERIALS PROVIDED. Work done and materials provided by the plaintiff for the defendant at the defendant's request on or about the [Date of work/materials] at [Address where work/materials done] and being for the [description of work/materials]
PROFESSIONAL SERVICES RENDERED. Professional services rendered by the plaintiff at the defendant's request on or about [Date of service] at [Address of service] and comprising of [Description of service]
MONEY LENT. Being for money lent by the plaintiff to the defendant at the defendant's request on or about [Date of lending] at [Place of lending] and being in the amount of [Amount lent]. Such sum being repayable by the defendant to the plaintiff.
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If you are sending or posting the letter today then put in today's date.
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Law Central wants your document to be as correct and professional as possible. That way you are more likely to get back your money.
Law Central is creating a Letter of Demand and a Statement of Claim. The Letter of Demand needs a date. You will need to insert the date that you are going to send the letter. That date appears in the Letter of Demand.
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| Type of claim applicable to Local Court proceedings | Notes |
| Torts- Negligence -Motor Vehicle Accident - Driver | A claim for money to repair damage to your car (or othermotor vehicle) and other related expenses resultingfrom a motor vehicle accident, where the defendant isthe driver of the vehicle that you claim caused theaccident. |
| Torts - Negligence - Motor Vehicle Accident - Write Off | A claim for money to repair damage to your car (or othermotor vehicle) and other related expenses resultingfrom a motor vehicle accident where your car or vehiclehas been 'written off' and where the defendant is thedriver of the vehicle that you claimed caused theaccident. |
| Torts- Negligence- Motor Vehicle Accident - Vicarious Liability | A claim for money to repair damage to your car (or othermotor vehicle) and other related expenses resultingfrom a motor vehicle accident where the defendant wasnot the driver of the vehicle causing the accident. |
| Mercantile Law - Sale of Goods an Services - Goods sold and delivered | A claim for money tor goods you have sold anddelivered to a customer. |
| Mercantile Law - Sale of Goods an Services- Work done | A claim for money tor services you have provided to acustomer. |
| Mercantile Law - Other - Money lent | A claim to recover a loan that has either not been repaidat all or has not been fully repaid, including for arrears ofa credit advance. |
| Mercantile Law - Other - Rent due and owing | A claim to recover unpaid rent (and related expenses)from a tenant. |
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This document has been prepared by the law practice Law Central Legal
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