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Step by step guide - Applying to the Local Court for recovery of goods

Information about starting a case for recovery of goods in the Small Claims Division of the Local Court (for claims less than $20,000).

 

You should only apply to the Local Court if NCAT tells you they can’t hear the matter because it does not fall under the Uncollected Goods Act 1995 (NSW).

  • Time Limit

    Time Limit

    The time limit to make a claim in the Local Court is six years from the date the money was owed, when a last repayment was made, or when it was last acknowledged in writing. 

You need one form: ​

  • Form 3B – Statement of Claim.

You can get the form from:

You can also complete this form on the NSW Online Registry website. 

You can fill out your form:

  • ​by completing it on your computer
  • by printing the form and completing it in blue or black pen, or
  • on the NSW Online Registry​ website.

To fill in the form you should have the following information ready:

  • ​​​​the defendant's name
  • the correct street address for the defendant (not a post office box)
  • dates and events for your claim
  • the details of the goods you want to recover, including the market value of the goods
  • the address of the Court where you are going to file your Statement of Claim. 

Make sure your claim is against the right person or business, that you use the right name and you have the correct address. You will waste time and money if you make the claim against the wrong person or business as your claim may be dismissed or the judgment might not be enforceable. 

You can also claim interest if the amount of your claim is $1,000 or more. For more information about how to work out how much interest to claim, see Working out pre-judgment inte​rest.

Once you have completed the details in the form, you will need to sign the form. 

Instructions:  Statement of claim for goods

Sample: Statement of claim for goods

You can file the form:

If you are filing in person or by post, you will need to file the original Statement of Claim plus one copy. The Court will keep the original and will give you back the stamped copy. You will need to make one copy for each of the defendants and a copy for yourself. 

If you are nearly out of time to start a case it is a good idea to file your Statement of Claim online using the NSW Online Registry or in person.

You will need to pay a filing fee. 

If you want the Court to serve the Statement of Claim on the defendant, you will need to pay an additional fee at the time of filing the form.

For current fees, see Fees on the Local​ Court website. 

If you can't afford the filing fee you can ask the Court to:

  • waive it, which means you don't have to pay it
  • postpone it, which means you may have to pay it at a later date.

If you want to ask the Court to postpone or waive the filing fee, see Application to waive or postpone a fee on the Local Court NSW website.  

You should attach copies of documents that support your application, such as Centrelink letters, payslips, bank statements, tax returns and evidence of debts you owe. You can take or ​mail the application form with attachments to the Court when you file your Statement of Claim. 

The Court staff will stamp, date and put a file number on the Statement of Claim and the copy. A document with a Court stamp is called a 'sealed copy'.

The Court will keep the original and return the sealed copy to you. 

Once you have filed the Statement of Claim, it needs to be served on the defendant. 'Serving' the Statement of Claim form means giving or sending a sealed copy of the form to the defendant. There are rules about how to properly serve the Statement of Claim.

Step by step guide -  Serving the Statement of Claim

 

After you serve the Statement of Claim on the defendant, you must wait 28 days. During this time, the defendant may:

  • return your goods
  • pay you the value of the goods
  • ask for more information
  • try to negotiate and settle the dispute 
  • file a Defence disputing the claim, or
  • do nothing.

For more information, see The defendant’s response. 

If the defendant files a Defence, you will need to go to a Pre-trial Review and hearing. For more information, see Pre-trial review.