I've received a court claim for a debt

What's happening

If you have been served with a court claim (often called a statement of claim, complaint, or summons depending on the state), a creditor or debt buyer has started a formal case against you in a court or tribunal to recover money it says you owe. Being served does not mean you have lost — it means the matter has moved from letters and phone calls into a court process with rules and deadlines.

Read every page. The documents will usually name the person or business making the claim (the plaintiff or applicant), the amount claimed, what the claim is about, the court or tribunal involved, and — most importantly — how long you have to respond.

Don't ignore it

The single most important thing to understand is that ignoring court papers can lead to a default judgment against you. A default judgment is a court order that you owe the money, made simply because you did not respond in time — the court does not need to hear your side. Once a judgment exists, the creditor gains powerful enforcement options.

Even if you think the debt is wrong, not yours, too old, or already paid, you still need to respond within the deadline rather than assume the problem will go away. Responding protects your right to be heard.

Step by step

1. Keep the envelope and note the date you received the documents — timeframes often run from the date you were served.
2. Find the deadline to respond and write it somewhere you will not miss it.
3. Read what is actually being claimed and check it against your own records.
4. Decide, with advice, whether you agree, partly agree, dispute it, or want to negotiate.
5. Get free legal help before the deadline, not after.

Court timeframes and the name of each document vary by state, territory and court, so always check your specific paperwork rather than relying on a general rule.

Get legal help

You do not have to work this out alone. Free help is available from Legal Aid in your state or territory and from community legal centres, many of which run specialist financial or consumer law services. A free financial counsellor can also help with the money side and is reachable through the National Debt Helpline on 1800 007 007.

Get advice early — options narrow as the deadline approaches. You can find courts and free legal-help organisations in the bodies directory.

Where to get free help

Start with the National Debt Helpline on 1800 007 007 for free, independent financial counselling, and contact Legal Aid or a community legal centre for legal advice on responding. If you are unsure what a term in the documents means, the plain-English glossary can help you decode it before you see an adviser.

This is general information only and is not legal advice. Always get advice on your own situation before the deadline.