Below is some helpful advice on what to do if you’re being sued and what you can expect.
Read your documents
Make sure you read any document you have received thoroughly. It will include all the necessary information in relation to the claim and when a response needs to be given.
The date that you need to respond by is very important.
Get legal advice
as soon as possible
It is prudent to get legal advice as soon as possible as the set time period you have to reply to a claim starts to run upon being served with the formal court claim.
Getting advice early will allow you to give clear instructions to your legal representatives along with any supporting evidence which may be pertinent in the matter.
Once your legal representative has instructions they can advise you on your legal position, the options available to you and the prospects of success for those options.
This allows you to make a fully informed decision, in good time to allow your lawyer to present your case in the best way possible.
If you lose a defended claim
If you lose a defended claim, it will usually result in an order being made against you.
There will be an order for the relief which the Plaintiff seeks and there may also be a costs order against you to pay the Plaintiff's legal costs calculated from the court scale.
If a court order is not complied with, the Plaintiff could enforce the order against you in a number of ways:
- You could be served with a summons requiring you to attend court to answer questions about your assets and liabilities and your means to pay the debt.
- Your bank accounts could be garnished to satisfy the debt.
- Your wage could be garnished.
- A warrant to Seize and Sell Property could be issued allowing the sheriff to seize real and personal property which can be sold to satisfy the debt.
- The Plaintiff could apply to make you bankrupt if you have been personally sued; or
- If you have been operating through a company, the Plaintiff could apply to wind up the company.
Our Team
Tim Robinson.
Founder / Consultant.
- Family Law & Disputes
- 03 9890 3321
- Email Address: t.robinson@robinsongill.com.au
Lu Cheng.
Principal.
- Disputes & Business Law
- 03 9890 3321
- Email Address: l.cheng@robinsongill.com.au