Served with Court documents, what should you do?

If you have been served with Court documents, the Court documents might show allegations that you owe money, or requires you to attend Court on a particular date.

What should you do?

Read the Court Documents

If you have been listed as a Defendant (sometimes referred to as the Respondent), then the proceeding is civil, meaning there is no immediate risk of criminal charges.

There are three simple things you should take note of:

1. Who is the Plaintiff (sometimes listed as the Applicant)?
2. What is the claim?
3. What do you need to do and by when?

While most Court applications seem scary at first, reading the document carefully will say what you as the Defendant/Respondent need to do next and by what date. However, if it does not then you should consider seeking advice because the consequences for not following procedure set by the Courts can be significant.

Consider your Options

There are specific timing requirements when following procedures set by the Court.  For example, this may include preparing a Notice of Appearance,[1] and Defence[2] or Counterclaim.[3]

Furthermore, litigation can be a lengthy process, sometimes lasting more than one year.

However, if you do not dispute the claim, then you should consider making an offer to the Plaintiff and/or their lawyer regarding the amount claimed. Your offer should be made on a “Without Prejudice Save As to Costs” basis.  This means your offer cannot be disclosed to the Court until the substantive proceeding is finalised, and costs become a legal concern between the parties.

Do I need a lawyer?

Litigation can be complicated and emotionally draining.

Each Court/Tribunal has its own rules and regulations which you need to take into consideration, even if you are in the right. At times, it might be more commercial to settle, rather than engage in a lengthy and expensive dispute as the Defendant / Respondent.

Because every dispute is always different, you should always engage a lawyer who can advise and guide you through the process.

How can DSA Law help?

If you have a commercial law issue and believe you could benefit expert legal assistance, please Contact Us or one of our Commercial Lawyers at DSA Law on (03) 8595 9580.

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[1] Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 8.02.

[2] Ibid r 13.07.

[3] Ibid r 10.02(1).