How to Take Someone to NCAT for Unpaid Money (NSW Small Claims)

# How to Take Someone to NCAT for Unpaid Money (NSW Small Claims)

If someone owes you money in New South Wales and won’t pay after repeated demands, the NSW Civil and Administrative Tribunal (NCAT) is the fastest, cheapest way to get a legally binding order. NCAT’s Consumer and Commercial Division handles claims up to $30,000 — no lawyer required, no court formality.

This guide covers exactly how to take someone to NCAT for money: eligibility, online lodgement, fees, evidence requirements, and what happens at the hearing.

When NCAT is the right option

NCAT is designed for straightforward money disputes between individuals, sole traders, and small businesses. You can use NCAT if:

• The debt is under $30,000 (including interest and costs)
• The debtor is in NSW or the contract was made in NSW
• You have already sent a letter of demand and they ignored it or refused to pay
• The debt is not genuinely disputed on reasonable grounds
• The matter is not criminal, family law, or employment law

Common NCAT claims include unpaid invoices, loans between friends or family, rental bond disputes, defective goods or services, and breaches of contract.

If the debtor is a registered company and owes $4,000 or more, a statutory demand for company debtors may be more effective. If the claim exceeds $30,000, you need the Local Court or District Court.

Eligibility and jurisdiction

NCAT only has jurisdiction if one of these applies:

• The contract was made in NSW
• The goods or services were supplied in NSW
• The debtor lives or operates in NSW
• The contract specifies NSW law or NCAT jurisdiction

If the debtor lives interstate and the contract has no NSW connection, you may need to lodge in their state’s tribunal.

NCAT cannot hear disputes involving defamation, personal injury, wills and estates, family property, employment termination, or criminal matters. If your dispute involves any of these, you need a different forum.

Before you lodge: send a letter of demand

NCAT expects you to attempt resolution before filing. Tribunal members will ask whether you tried to resolve the matter first. If you didn’t, they may adjourn the hearing and order you to send one.

A proper letter of demand should:

• State the exact amount owed, with a breakdown
• Cite the legal basis (contract, invoice, consumer guarantee)
• Give a clear deadline (typically 7-14 days)
• State the consequence of non-payment (NCAT application)
• Be sent via email and registered post for proof of delivery

Keep copies of the demand letter and proof of sending — you will need to upload these when you lodge. If you need help drafting one, you can send a letter of demand before lodging.

NCAT online lodgement process

NCAT applications are lodged online through the NCAT Online Services portal. You will need:

• An email address
• Scanned copies of your evidence (PDF or image files)
• The debtor’s full legal name and address
• Payment method (credit/debit card)

Step 1: Create an account

Go to the NCAT website and register for an online account. You will receive a confirmation email with login details.

Step 2: Start a new application

Log in and select “Consumer and Commercial Division” then “General consumer claim” or “General commercial claim” depending on whether the debtor is an individual or business.

Step 3: Complete the application form

The online form asks for:

• Your details (name, address, contact)
• Respondent’s details (the debtor’s full legal name and address)
• Claim amount (principal debt plus any interest or costs)
• Brief description of the dispute (200-300 words explaining what happened)
• Orders sought (usually “Order the respondent to pay $X plus tribunal fees”)

Be specific. Stick to the facts: what was agreed, what was delivered or not delivered, what is owed.

Step 4: Upload evidence

You must upload supporting documents at the time of lodgement. Required evidence includes:

• Copy of the contract, invoice, or loan agreement
• Proof of delivery (emails, receipts, delivery notes)
• Letter of demand and proof it was sent
• Any correspondence with the debtor (emails, text messages, letters)
• Bank statements showing payment or non-payment
• Photos or reports if the claim involves defective goods or services

NCAT accepts PDF, JPG, PNG, and Word documents. Maximum file size is 10MB per document. If you have large files, compress them or combine multiple pages into a single PDF.

Step 5: Pay the filing fee

NCAT fees are based on the claim amount:

• Up to $3,000: $68
• $3,001 to $10,000: $119
• $10,001 to $30,000: $238

If you are a pensioner or hold a Health Care Card, you can apply for a fee waiver or reduction. Fees are non-refundable even if you withdraw or lose.

Once you pay, you will receive a confirmation email with your case number and hearing date.

What happens after you lodge

NCAT will send a copy of your application and evidence to the respondent by post and email. The respondent has 28 days to file a reply.

If the respondent does not reply, you can apply for a default order. NCAT will usually grant the order without a hearing if the debt is clear and the respondent was properly served.

If the respondent files a reply disputing the claim, NCAT will schedule a hearing. Most small claims hearings are listed within 8-12 weeks of lodgement.

NCAT may also offer a free conciliation session before the hearing. Conciliation is voluntary, confidential, and conducted by a neutral mediator. If you reach agreement, NCAT will make consent orders. If not, the matter proceeds to hearing.

Preparing for the NCAT hearing

NCAT hearings are less formal than court, but you still need to be prepared. The tribunal member will ask you to explain your case, present your evidence, and answer questions.

What to bring:

• Three printed copies of all your evidence (one for you, one for the tribunal, one for the respondent)
• A written timeline of events in chronological order
• Any additional evidence not uploaded with your application
• A notebook to take notes during the hearing

How to present your case:

1. Introduce yourself and briefly state what you are claiming
2. Walk the tribunal through the timeline: what was agreed, what happened, what went wrong
3. Refer to specific documents as you go (invoice, contract, emails)
4. Stay calm, factual, and respectful — do not argue with the respondent or interrupt
5. Answer the tribunal member’s questions directly and honestly

The respondent will then present their case. You can ask them questions, but keep it relevant and non-aggressive. The tribunal member may also ask both parties questions.

Most hearings run 30-60 minutes. The tribunal member will usually give their decision on the day, or reserve their decision and send it in writing within 1-2 weeks.

NCAT orders and enforcement

If NCAT rules in your favour, the tribunal will make a monetary order requiring the respondent to pay the debt plus your filing fee. The order may also include interest calculated from the date the debt was due.

NCAT orders are legally binding. If the respondent does not pay within the time specified (usually 28 days), you can enforce the order through:

• Garnishee order (take money from their bank account or wages)
• Writ of execution (seize and sell their property)
• Examination summons (force them to disclose their assets under oath)

Enforcement is a separate process with additional fees. You lodge enforcement applications through the NSW Sheriff’s Office, not NCAT.

If the respondent is a company and does not pay, you can also use the NCAT order as the basis for a statutory demand or wind-up application.

How ClaimDone helps with NCAT applications

Preparing a tribunal application means organising evidence, drafting a clear statement of claim, and making sure everything complies with NCAT’s requirements.

ClaimDone’s Tribunal Application service generates a complete, ready-to-file NCAT application in 60 minutes. You upload your evidence, answer a few questions, and our Proprietary AI Engine drafts:

• A detailed statement of claim citing the applicable law
• A chronological summary of events
• An evidence index and document bundle
• Draft orders tailored to your case

Flat fee of $197. No subscription. Australia-wide.

Once your application is ready, you simply log into NCAT Online Services, copy the generated text into the form, upload your evidence bundle, and pay the filing fee.

Final checklist before lodgement

Before you lodge your NCAT application, confirm:

• You sent a letter of demand and kept proof
• The debtor’s legal name and address are correct
• Your evidence is complete, organised, and uploaded
• The claim amount is accurate and itemised
• You selected the correct NCAT division and claim type
• You paid the correct filing fee

Once lodged, you cannot amend the application without NCAT’s permission. Get it right the first time.

Get your NCAT application prepared now

Ready to take someone to NCAT for unpaid money? Prepare your NCAT application with ClaimDone in under an hour. Upload your evidence, answer a few questions, and receive a complete, tribunal-ready application. No lawyer fees. No guesswork. Fixed fee of $197.

Frequently Asked Questions

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

NCAT filing fees range from $68 (claims up to $3,000) to $238 (claims up to $30,000). If you win, the tribunal usually orders the respondent to pay your filing fee. Pensioners and Health Care Card holders may be eligible for a fee waiver.

Can I take someone to NCAT without a lawyer?

Yes. NCAT is designed for self-represented parties. You do not need a lawyer to lodge an application or attend the hearing. The tribunal member will guide the process and ask questions to clarify the facts.

What happens if the respondent does not show up to the NCAT hearing?

If the respondent does not attend and did not file a reply, NCAT will usually make a default order in your favour based on the evidence you provided. If they filed a reply but did not attend, the tribunal may proceed in their absence or adjourn the hearing.

How long does an NCAT claim take from lodgement to hearing?

Most NCAT small claims hearings are scheduled within 8-12 weeks of lodgement. If the respondent does not file a reply, you can apply for a default order within 4-6 weeks. Complex matters or cases requiring conciliation may take longer.

Can I claim interest on the debt in my NCAT application?

Yes. You can claim pre-judgment interest at the prescribed rate. You must specify the interest amount in your application and provide a calculation showing how it was worked out.