How do I respond to a statement of claim?
A statement of claim sets out what a creditor says you owe and why. You usually respond by filing a defence within a set time. Doing it properly — and on time — keeps you in control of the outcome.
This guide helps you
- Understand what a statement of claim asks of you
- Know the main ways you can respond
- See why filing within the deadline matters
- Find help to prepare a defence
- Avoid the trap of doing nothing
7 min
What's happening
A statement of claim (in some courts a complaint or summons) is the document that starts a civil debt case. It tells you who is claiming, how much, and the basis for the claim. It is served on you so you have a chance to respond. The response document is often called a defence or notice of intention to defend, but names and forms differ between courts and states.
Your response is how you tell the court your position — whether you agree, dispute some or all of it, or want to raise your own points.
Don't ignore it
You generally have a limited window to file a response after being served. If you let that window pass without filing, the other side can ask the court to enter a default judgment against you — a decision made because you did not respond, not because your case was weak. Ignoring court papers is what causes most default judgments.
Filing on time keeps the matter live and preserves your options to defend, negotiate, or seek more time.
Step by step
- Confirm the exact deadline and the correct court from the documents.
- Get legal advice on whether you have a defence and how to draft it.
- Complete the correct response form for that court.
- File it with the court and serve a copy on the other party as required.
- Keep proof of filing and the dates.
Each court has its own forms, fees and filing methods, and these vary by state and territory — check your court's requirements or get advice rather than assuming.
Get legal help
Preparing a defence is something a lawyer or a community legal centre can guide you through, and getting it right matters because a poorly drafted or late response can cost you. Legal Aid and community legal centres can advise, and some duty lawyer services help on the day. A financial counsellor (National Debt Helpline 1800 007 007) can help if the real issue is affordability rather than liability.
You can find relevant courts and legal-help services in the bodies directory.
Where to get free help
Contact Legal Aid or a community legal centre for advice on your defence, and the National Debt Helpline on 1800 007 007 for free financial counselling. General guides at help.merion.com.au can help you prepare for that conversation.
This is general information only and is not legal advice. Get advice on your specific claim and file within your court's deadline.
Key takeaways
- Responding usually means filing a defence with the court within a set time.
- Use the correct form and method for your court — these vary by state.
- Filing late can hand the other side a default judgment.
- Get legal advice on your defence before you file.
Frequently asked questions
What is a defence?
It is your formal written response telling the court your position on the claim. The exact form and name differ between courts.
Can I just call the creditor instead of filing?
You can try to settle, but unless the claim is formally discontinued, you should still file on time to avoid a default judgment. Get advice.
What if I need more time?
Some courts allow you to seek an extension. Ask early and get advice — do not simply let the deadline pass.
This is general information, not legal or financial advice. Your situation is unique and rules can vary by state and over time — for advice on your circumstances, speak to a free financial counsellor (National Debt Helpline 1800 007 007) or get legal help.
Know your options, know your rights
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