australia small-claims-court case-law debt
Someone owes money in Australia
<p>Someone owes money in Australia, Can I file case against that person?</p>

<p>He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's been over year now. </p>

<p>Yes, the correct forum is the Local Court in the relevant state (in some states these are called Magistrate's Courts). The amount is too large ($10,000) to qualify as a small claim .</p>

<p>If you want to do it yourself the court websites are very informative and in NSW, at least, the process can be initiated online including your paying for the Sheriff to serve the summons (they will not find the person, you have to give them an address). After being served they have 28 days to file a defence or you can get a default judgement and begin recovery. If they do file a defence then things will get more expensive.</p>

<p>Of course, you may want to hire a local lawyer.</p>
