Step by step guide - Filing a defence

What is the filing date of the statement of claim?

You must be served with a copy of a statement of claim with the court seal (stamp) on it within six months of the date that it was filed at the court. If it is served more than six months after it was filed, you should get legal advice​.

There is a six year time limit on recovering a debt in most cases. If it has been more than six years since the debt was first owed, or you last made a payment, or acknowledged the debt in writing, you may have a defence to the claim. You should get legal advice​. 

When was the statement of claim served? 

The time limit for filing a defence is 28 days from the date that you were served with the statement of claim. If you do not file a defence within 28 days the plaintiff may get a judgment against you without you being notified. This is called a default judgment. Once judgment is entered against you the plaintiff can start enforcing the judgment debt.

If the statement of claim was served on you by post by the Local Court, you should contact the court to find out what day they say it was served. If 28 days has passed, ask the court if there is a default judgment against you. If there is no default judgment, you can still file a defence. 

For more information on what you can do if there is a default judgment against you, see Step by step guide -Setting aside default judgment.

You need one form: 

• ​​Form 7B - Defence - filing party acting in person or by authorised officer. ​​

You can get copies of the form from:  

• ​​​any Local Court​ or
  
• the Uniform Civil Procedure Rules (UCPR) website.
  

You can also complete and file this form online using the NSW Online Registry​.

You can fill out your form:

• ​​by completing it on your computer
  
• by printing the form and completing it in blue or black pen.
  

To fill in the form you will need the following information: 

• ​the location of the court, case number and name of the plaintiff (this is on the statement of claim)
  
• dates and events relevant to the claim made by the plaintiff
  
• your address, telephone, fax and email details.
  

Your defence must explain why you disagree with the claim. You should reply to each claim made on the statement of claim. You should also raise anything else that explains why you do not owe the money. 

You should have a copy of the statement of claim with you when completing the defence.

Sign the form after filling it out and make one copy.

If you are unsure about the wording in your defence, you should get legal advice.  

Instructions:

• ​​​Instructions for filling out a defence – debt ​
• Instructions for filling out a defence – car accidents

Samples:

• ​​Sample defence – debt
• Sample defence – car accidents
  

The form and the copy must be filed at the court where the statement of claim was filed. There is no filing fee. 

You can file the form:

• ​in person at the court
  
• online using the NSW Online Registry
  
• by post (the address of the court will be on the statement of claim).
  

If you are getting close to the end of the 28 days it may be safer to file your defence in person to avoid the risk of your form getting lost or delayed in the post.

The court staff will stamp the original and give you back the stamped copy. The court will send one copy to the plaintiff and any other plaintiffs and defendants, if there is more than one. 

If you want to move the case to another court closer to you, you need to get permission from the court. You can do this when you file your defence. For more information, see Moving the case to a different court,

After you have filed your form, the court will send you a notice of listing. This is a letter with the date and time that you and the plaintiff will need to go to court for your first​ court appearance. This is called a pre-trial review.

For more information, see Pre-trial review.