What Small Claims Court can decide
Small Claims Court is a branch of the Superior Court of Justice, but it has limited monetary and remedial jurisdiction. The current monetary ceiling is $50,000, excluding interest and costs. A claim above the ceiling may involve abandoning the excess or using another court, which requires individual advice.
Common money claims
Unpaid invoices or loans, breach of contract, property damage, consumer disputes and other provable monetary losses.
Return of property
The court may hear a claim for the return of personal property within its jurisdiction.
Jurisdiction first
The correct court location, legal identity of every party, available remedy and any statutory forum must be confirmed before filing.
Not every dispute belongs here
Some remedies, subject areas or claims must proceed in another court or tribunal even when money is involved.
Plaintiff and defendant files
| If you are | Immediate review | Main risk |
|---|---|---|
| Plaintiff | Legal basis, amount, limitation period, defendant’s legal name and address, demand and supporting records. | Filing late, suing the wrong party or claiming an amount that cannot be proved. |
| Defendant | Date and method of service, response deadline, available defences, set-off or defendant’s claim, and settlement options. | Default judgment or losing a defence by waiting too long. |
| Judgment creditor | What the judgment requires, debtor information, voluntary payment and lawful enforcement options. | Assuming the court collects the judgment automatically. |
Typical Small Claims process
- 01
Identify the legal claim, parties, remedy, court location and limitation issues before filing or responding.
- 02
Preserve the contract, invoices, communications, photographs, payment records, witness information and a clear calculation of loss.
- 03
Prepare, issue, serve and file the claim or defence using the current Rules and court forms.
- 04
Use the settlement conference to narrow issues, exchange information and explore a proportionate resolution.
- 05
Prepare motions or trial materials where needed, including a chronology, exhibits, witnesses and the legal authorities relied upon.
- 06
After settlement or judgment, document payment terms and consider enforcement steps if an amount is not paid voluntarily.
Evidence that makes the claim understandable
The court needs admissible evidence tied to each required part of the claim or defence. A large collection of unsorted messages is not a case theory.
Chronology
A dated sequence connecting the agreement, performance, breach, notice, loss and later communications.
Documents
Signed agreements, estimates, invoices, receipts, transfers, emails, texts, photographs, inspection records and notices.
Witnesses
People with first-hand knowledge of disputed facts, identified early enough to prepare for attendance.
Damages
A transparent calculation showing what is claimed, why it follows from the dispute and what mitigation occurred.
Settlement, judgment and enforcement
A settlement can address timing, confidentiality, payment plans or return of property in ways a trial judgment may not. If a judgment is obtained, enforcement is a separate stage and recovery depends on reliable information about the debtor’s income or assets.
Official sources & application
The practical answer is in this guide; use these links to verify live changes and apply officially.
Ghasedak explains the eligibility, evidence, process and important cautions in plain language. Because laws, forms, fees and filing methods can change, also check the live official instructions on the day you submit. This is general information, not individual legal advice.