Responding to a claim

If you have been served with a minor case or general procedure claim in the Magistrates Court of WA you may want to know what your options are. The worst thing you could do is ignore it. Strict time limits apply to respond.

Find out:

  • Time limits for responding to a claim
  • What may happen if you don’t get your response in on time
  • If  you can lodge a your response late
  • Where you lodge your response
  • What options you have in responding
  • What may happen if you ignore the claim
  • What to do if you think the claim is listed at the wrong court
  • Whether you should you get legal advice.

I have just received a claim listed in the Magistrates Court in WA. How long do I have to respond?

After receiving a claim you have a limited time to enter a response.

The time limit for entering a response runs from the day the claim is served on you. The response must be lodged within 14 days or, if the defendant's address for service is outside Western Australia, 21 days.

What if I don't get my response in on time?

If you fail to respond to the claim within time, the claimant can ask the court to enter judgment against you just by lodging an application. This means asking the court to decide you owe the money claimed.

Can I lodge my response late?

If the claimant has not applied for a default judgment, you may still lodge the response even if the time limit for lodging it has expired. It is rare for the claimant not to apply for a default judgment as soon as the time for entering a defence has expired.

Where do I lodge my response?

You should lodge your response or any consent order form at the Magistrates Court where the claim was started.

What are my options in responding?

You have several choices depending on whether you agree you owe some, all or none of what is claimed. You can:

  • Defend the claim if you do not think you owe anything.
  • Agree you owe the full amount of the claim and costs
  • Agree you owe part of the claim and costs
  • Ignore the claim (Legal Aid WA does not advise this option).
What if I ignore the claim and do nothing?

If you don't lodge a response at the court within the time stated on the form, the claimant may apply for a default judgment to be given against you for the claim, interest and costs.

What if I think my case is not listed at the right Magistrates Court?

If you think the claim should have been started in another court, you can apply for a change of venue.

Should I get legal advice?

You should get legal advice about:

  • whether you have a defence to the claim, including whether it is within time
  • whether you have a counterclaim
  • your chances of success at trial
  • costs you may have to pay.

 

Resources

 

Reviewed: 11 April 2018

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.