In some situations, you may want to commence proceedings through the Magistrates Court of Western Australia to recover the debt.
The Magistrates Court hears civil matters that involve:
- claims for debt or damages of up to $75,000
- minor claims for debt or damages up to $10,000
- consumer/trader claims over the sale, supply or hire of goods or services
- residential tenancy matters involving amounts up to $10,000 and
- claims for the recovery of ‘real property’ up to a gross rental value of $75,000.
A range of fact sheets are available to guide you through civil proceedings in the Magistrates Court.
There are also a range of forms for use in all civil proceedings initiated in the Magistrates Court.
You can download them from www.magistratescourt.wa.gov.au/C/civil_matters.aspx
What’s a minor case claim?
A minor case claim in the Magistrates Court is best described as the same as “Judge Judy”, only not as dramatic. The aim is to resolve small debts of up to $10,000.00, without running up the cost of appointing a lawyer.
A lawyer is rarely allowed to conduct the case of a minor case claim, except in extreme circumstances or extreme hardship, and with both parties’ agreement and with the court’s permission.
All decisions are final and there’s no right of appeal in this section of the Magistrates Court – unless under very extreme circumstances and where natural justice was denied. This then up-links to the District Court.
The judgements are enforceable even up to obtaining an arrest warrant. So, if the subjects do not turn up for a means inquiry, the claimant applies for this warrant. It’s advisable that you seek some sort of legal advice for your first court hearing.
When filling in the forms, keep them short and simple and without emotion. Do add an interest at 8% to the debt and add costs as advised on the form.
But first, do whatever you can to resolve this issue of the debt being owed. Make at least three phone calls, make sure an invoice is issued, and then follow up with two letters. If possible, visit your debtor and see if you can sort this out. In some cases, however, you just cannot. Therefore, you proceed with legal action.
There is no guarantee that you’ll recover monies through the court process. And failure to prove a claim could result in the award of costs to the successful party.
We highly recommend visiting a lawyer.
We recommend…
Mountain Lawyers
Vicki Mountain
0407 793327
Legal Solutions
www.mountainslawyers.com.au
