If after the 21 day period following giving notice of the intended claim there has been either no response or an unsatisfactory response the claim itself can be started.

Beginning formal legal action against the debtor respondent

If the other party does not accept the claim, or try to negotiate after 21 days of serving the Form P1 or letter of demand, then the next step is to begin formal legal action. If negotiations are commenced and are unsuccessful, then legal action can be started without any further waiting period.

Fill out a Claim (Form 1), which you can get at the online portal CourtSA Civil or the court website.

A claim must be accompanied by a statement of claim, which may either be [r 333.1(3) and r 63.1 (5)]:

A Statement of Claim uploaded with a Claim is Form 1S. If an applicant wishes to amend its claim after it has been filed, a minor civil claim can only be amended once without having to seek permission (leave) from the court [r 334.4]. The amended claim must be filed in the court marked “Revision 1” [r 33.2] and once filed, the applicant must serve the amended claim on the respondent. Minor civil claims under the Building Work Contractors Act 1995 (SA), Retail and Commercial Leases Act 1995 (SA) and the Second-hand Vehicle Dealers Act 1995 (SA) must be made using the specific Forms 1A, 1B and 1C respectively.

Other minor statutory proceedings and neighbourhood disputes must be made by filing an Originating Application (Form 2) supported by an Affidavit (Form 12 - the original must be retained if the Affidavit is filed on the CourtSA portal [Uniform Civil Rules 2020 (SA) r 31.10]).

Minor civil claims under the Fences Act 1975 (SA) must be made using Form 2A Originating Application.

Information required on claim form

The person who is making the claim is called the applicant. The person against whom the claim is being made is called the respondent. The names and addresses of both of the parties must be filled in and at the bottom of the form under the heading 'Statement of Claim' the applicant must provide details of what the claim is about. These particulars should include the date on which the matter took place and the basis on which the claim is made (this is called the 'cause of action'). For a Minor Civil Action, the applicant should complete Option A of the Statement of Claim section. The applicant should try to be as clear and brief as possible.

For all other claim types (including general civil claims over $12 000), applicants should complete Option B of the Statement of Claim section.

Where the respondent is a company

If the respondent is a company the address which should be put on the form is the address of the registered office. This can be obtained by searching the records at the Australian Securities and Investments Commission (www.asic.gov.au). If the respondent is using a business name the claim should be issued against the proprietors of the business at the time the claim arose. Their names can be obtained by searching the Business Name Registration records at ASIC Connect.

What documents to provide

If the claim is for property damage, such as the cost of repairs to a car following a car accident, a copy of the repair quote or other documents to prove the amount of the claim should be attached.

If relevant invoices and quotes are not attached, then default judgment in the event that the respondent does not respond may be subject to a further process and hearing for the assessment of damages.