I Have been Served with a Court Claim – What Should I Do?

First of all, don’t panic! Just because a court claim has been filed against you, it doesn’t mean that you have to accept the allegations made by the party who has filed the claim (that party is called the “plaintiff” or the “applicant” in some cases), nor that you have to do or abstain from doing whatever it is that party is asking of you in their court claim.

You have, of course, the option to abide by the claim and perform what is being requested of you if you want to. This could be either making the payment of a particular sum of money, or performing or abstaining from performing certain action/s.

If, however, you don’t agree with what is being asserted by the plaintiff in their court claim, then you have the right to dispute it and defend yourself, and to contest each of the allegations contained in the plaintiff’s claim against you. In your defence, you can put forward your “version of the events”, and your position as to how the claim should be adjudicated by the court. It is important to remember that all persons all equals before courts and tribunals, and just because you have been named as a “defendant” in a court proceeding, it does not necessarily mean that you are in the wrong.

If you have been served with a court claim, the first thing you should do is seek legal advice from family lawyers Gold Coast to ensure you are properly informed about your rights and obligations.

You should never ignore a court claim that has been served on you. This can lead to very serious consequences such as the court issuing a “default judgement” for the whole of the plaintiff’s claim against you without you having the opportunity to defend yourself.

The court process may vary depending on your jurisdiction, the court in which the claim was filed and the type of claim, so it is extremely important to seek the assistance of a lawyer to ensure that your defence is filed within time, and that it complies with all court procedures and procedural rules.

Our team of specialised litigators at Frigo James Legal will make the process of going through court proceedings and defending a court claim easy to understand and navigate. Contact us at 07 5621 3799 or via email at info@fjlegal.com.au if you have been served with a court claim so we can discuss how our expert legal team can best assist in protecting your rights.

You have 28 days from the date that you have been served with the court claim to file your defence. Also, if you believe you have a cause of action against the party who has filed the court claim against you, you can file a counterclaim against that party at the same time that you file your defence.

We cannot stress enough how important it is that you seek the assistance of a knowledgeable and experienced solicitor in the preparation of your defence. There are strict procedural rules that must be followed for your defence to be accepted by the court, such as: (1) you must use the correct forms approved by the court; (2) you must respond to each allegation made by the party who filed the claim; (3) you must respond to each allegation in a way that is compliant with the court rules, that is, by either admitting the allegation, denying the allegation or making a non-admission; and (4) you must file the document in the correct court registry.

Our solicitors Ron Frigo and Nicole Maia have a wealth of experience in the drafting and preparation of court documents and the conduct of court proceedings ranging from all kinds of disputes and claims in both inferior and superior courts. Ron and Nicole are both results-focused practitioners and will ensure that your rights are protected all the way through.

If you would like to arrange a consultation with Ron Frigo or Nicole Maia, contact us at Frigo James Legal today at 07 5621 3799 or at info@fjlegal.com.au.