District Court
Step 5 - After the Claim Is Served
When you serve the Claim Notice, the respondent can choose to repay, ignore, or defend the claim. You can take the following action depending on the option the respondent chooses:
- If the respondent repays the debt, plus legal costs if applicable, within 10 days of receiving the Claim Notice, you can discontinue court proceedings by submitting a Notice of Discontinuance (Form 47B.01) in the court office where the claim was made.
- If the respondent ignores the claim, you can apply for a judgment in default of appearance without the need for a court hearing. You must wait at least 28 days after service of the claim to do this. For more information on how to apply for a judgement in default of appearance, please see our Summary Judgments page.
- If the respondent defends the claim and/or makes a counterclaim, you will need to apply to have the case listed for a hearing before a court. For more information, please see the section below.
Other options available to both you and the respondent include mediation or alternative dispute resolution processes. For more information on these options, please see our Legal Advice and Mediation page.
Applying to Have Your Case Listed in the District Court
If you wish to have the case listed for court, you must:
- Complete a Notice of Trial (Form 49.01) and a separate copy for each respondent. You will need to contact the court office where the claim was made to obtain a date for court, which you insert on the Notice of Trial.
- Serve a copy of the Notice of Trial on the respondent(s) at least 10 days before the date given by the court office. For more information on serving and proof of service, please see our Serving and Proof of Service page.
- Submit the original Notice of Trial in the relevant court office without delay.
Note: If you do not submit any legal documents to the court office, or take any step in progressing the claim in the previous 12 months, you must give a month's notice of your intention to proceed with the claim. To do this, you must serve a Notice of Intention to Proceed (Form 39.01) on the respondent.
On the day the case is being heard, you must bring all documents including correspondence, contracts, affidavits, forms, and any other documents relevant to your case. Please ensure you bring a copy for the judge and for each respondent. For more information, please see our What to Expect in Court page.
How cases are listed for hearing can be different between District Court areas, depending on the number of sittings and court directions. You should contact the court office where you are making your claim for more information on the local District Court procedures.
Note: If you do not serve a Notice of Trial, the respondent can choose to serve a Notice of Trial on you if they have submitted a counterclaim and wish to proceed with it.