How to Take Someone to NCAT for Unpaid Money in NSW

Someone owes you money. They have ignored your calls, dodged your emails, and binned your letter of demand. In New South Wales, the NSW Civil and Administrative Tribunal (NCAT) gives you a direct, affordable path to recover debts up to $30,000 without hiring a solicitor.

This guide explains how to take someone to NCAT for unpaid money, what evidence you need, how much it costs, and how ClaimDone prepares the forms.

What is NCAT and when can you use it?

NCAT is a state tribunal that handles disputes across multiple divisions. For unpaid money, you file in the Consumer and Commercial Division.

You can use NCAT to recover:

• Unpaid invoices for goods or services
• Money lent under a loan agreement
• Breach of contract claims up to $30,000
• Refunds for defective goods or services

NCAT does not handle:

• Debts over $30,000 (use the Local Court or District Court)
• Employment disputes (use the Fair Work Commission)
• Family law matters
• Criminal matters

If your claim is straightforward and under $30,000, NCAT is the right forum.

Send a letter of demand first

Before NCAT will accept your application, you must show you tried to resolve the dispute. That means sending a formal letter of demand.

The letter should:

• State the amount owed
• Explain why it is owed (invoice, contract, loan agreement)
• Give a deadline to pay (typically 7–14 days)
• State that you will file with NCAT if they do not pay

Keep proof you sent it — email receipt, registered post tracking, or statutory declaration.

ClaimDone’s Letter of Demand service drafts and sends the letter automatically for $79. If they still refuse to pay, you move to the tribunal application.

Gather your evidence

NCAT decides cases based on evidence. You need documents that prove:

1. The debt exists — invoice, contract, loan agreement, receipt
2. The amount owed — itemised breakdown, payment records
3. You tried to resolve it — copy of your letter of demand, emails, SMS screenshots
4. The other party received notice — delivery confirmation, read receipts

Organise everything into a single PDF. Label each document clearly. NCAT does not chase missing evidence for you.

Complete the NCAT application form

You file using Form 1 – General Application. It asks for:

• Your details (name, address, contact)
• The respondent’s details (the person or company that owes you)
• The amount you are claiming
• A brief statement of your claim (what happened, why they owe you)
• The orders you want (typically “the respondent pay the applicant $X”)

The form is available on the NCAT website. You can complete it online or download a PDF.

Common mistakes:

• Vague claim statements (“they owe me money”) — be specific
• Wrong respondent name — use the exact legal name (check ABN lookup for companies)
• Missing supporting documents — attach everything upfront
• Incorrect fee — check the current fee schedule on the NCAT website

Pay the filing fee

NCAT charges a filing fee based on the claim amount:

• Up to $10,000: $108
• $10,001 to $30,000: $225

Fees are current as of 2025. Check the NCAT website for updates.

You can pay online by credit card or in person at an NCAT registry.

If you cannot afford the fee, you can apply for a fee waiver by completing a separate form and providing evidence of financial hardship.

Serve the application on the respondent

Once NCAT accepts your application, you must serve a copy on the respondent. That means delivering it in a way that proves they received it.

Acceptable methods:

• Personal service — hand it to them directly (use a process server if needed)
• Registered post — send to their last known address with tracking
• Email — if they have previously agreed to accept documents by email

Keep proof of service. You will need to file an Affidavit of Service with NCAT confirming the respondent was properly notified.

Attend the hearing

NCAT will schedule a hearing, typically within 4–8 weeks. You will receive a notice with the date, time, and location (or video link).

At the hearing:

• Bring printed copies of all your evidence
• Bring a witness if they have relevant knowledge (optional)
• Be prepared to explain your claim clearly and answer questions
• The respondent may attend and dispute your claim — be ready to respond

NCAT hearings are less formal than court. The tribunal member will ask questions, review the evidence, and make a decision. Most hearings last 30–60 minutes.

Get your order and enforce it

If NCAT finds in your favour, it will issue an order requiring the respondent to pay you. The order is legally binding.

If the respondent still does not pay, you can enforce the order by:

• Registering it with the Local Court and applying for a garnishee order (seizing money from their bank account)
• Applying for a writ of execution (seizing and selling their property)
• Issuing a bankruptcy notice (if the debt is over $10,000)

Enforcement is a separate process. NCAT does not collect the money for you.

If the respondent does not attend the hearing and has been properly served, NCAT can make a default order in your favour. You still need to prove your claim with evidence.

How ClaimDone prepares your NCAT application

ClaimDone’s Tribunal Application service generates a completed Form 1 and supporting statement of claim based on the evidence you upload.

You complete a 10-minute intake form. Our Proprietary AI Engine reads your documents — invoices, contracts, emails, letters of demand — and drafts:

• A completed NCAT Form 1 with all required fields
• A detailed statement of claim
• A summary of the evidence and the orders you are seeking

You receive a PDF ready to file. You pay the NCAT fee separately and handle service yourself.

What ClaimDone does:

• Drafts the application based on your evidence
• Formats the statement of claim to NCAT’s requirements
• Delivers the completed form in 60 minutes

What ClaimDone does not do:

• Provide legal advice (we are not a law firm)
• File the application with NCAT on your behalf
• Serve the respondent
• Represent you at the hearing

For straightforward debt recovery claims under $30,000, ClaimDone gives you a professionally prepared application at a fixed fee of $197.

When to get a lawyer instead

NCAT is designed for self-represented litigants. Most people do not need a lawyer for simple debt claims.

You should consider a lawyer if:

• The claim is complex or involves multiple parties
• The respondent has filed a counterclaim
• The amount is close to $30,000 and you are considering escalating to a higher court
• The respondent is legally represented
• You are unfamiliar with tribunal procedures and feel out of your depth

For standard unpaid invoices, loans, or consumer disputes, ClaimDone’s service is sufficient.

Final checklist before filing

Before you submit your NCAT application, confirm:

• ✅ You sent a letter of demand and kept proof
• ✅ Your claim is under $30,000
• ✅ You have all supporting documents organised and labelled
• ✅ The respondent’s name and address are correct
• ✅ You have paid the correct filing fee
• ✅ You have a plan to serve the application on the respondent
• ✅ You are available to attend the hearing

If you have ticked every box, you are ready to file.

Start your NCAT application now

ClaimDone’s Tribunal Application service prepares your NCAT Form 1 and statement of claim in 60 minutes. Upload your evidence, answer a few questions, and receive a completed application ready to file. Fixed fee $197, 60-minute turnaround, Australia-wide coverage. Start your application now and recover the money you are owed.

Frequently Asked Questions

How much does it cost to take someone to NCAT for money?

The filing fee is $108 for claims up to $10,000 and $225 for claims between $10,001 and $30,000. ClaimDone’s Tribunal Application service costs $197 to prepare the forms. You pay the NCAT fee separately when you file.

Do I need a lawyer to take someone to NCAT?

No. NCAT is designed for self-represented litigants. Most people do not need a lawyer for straightforward debt recovery claims. ClaimDone prepares the application forms for you, and you file and attend the hearing yourself.

What happens if the other person does not pay after NCAT orders them to?

You can enforce the NCAT order by registering it with the Local Court and applying for a garnishee order, writ of execution, or bankruptcy notice. NCAT does not collect the money for you — enforcement is a separate process.

Can I take a company to NCAT for unpaid invoices?

Yes, as long as the amount is under $30,000. You file in NCAT’s Consumer and Commercial Division. Make sure you use the company’s correct legal name (check the ABN lookup) and serve the application on the registered office address.

How long does the NCAT process take?

From filing to hearing, expect 4–8 weeks. After the hearing, NCAT typically issues an order within 1–2 weeks. If the respondent does not comply, enforcement can take several more weeks depending on the method used.