How to Take Someone to NCAT for Money They Owe You (New South Wales, Step-by-Step)

Someone owes you money. They live in New South Wales. They will not pay. You have tried asking, texting, calling. Nothing works.

Here is exactly how to take them to NCAT (NSW Civil and Administrative Tribunal) and get a legally enforceable order to pay. The application fee starts at $64. You do not need a lawyer. NCAT hears consumer claims (disputes between a consumer and a business about goods or services) up to $100,000. A personal loan between individuals, or a debt between two businesses, generally goes to the Local Court instead.

Before you file: send a Letter of Demand

NCAT expects you to have tried to resolve it first. Send a formal Letter of Demand giving them 14 days to pay. This creates the paper trail NCAT wants to see.

If they pay — great, matter resolved. If they ignore it — you now have proof you gave them a fair chance.

Step 1: Gather your evidence

• Bank transfer records showing what you paid them
• Invoices they have not paid
• Text messages, emails, or letters where they acknowledged the debt
• Your Letter of Demand and proof you sent it
• Any contracts, quotes, or agreements
• Photos of work done (if it is a contractor/tradie dispute)

Step 2: File your application

Go to ncat.nsw.gov.au and file a Consumer and Commercial Division application online. You need:

• Your name and address
• The respondent’s name and address (the person who owes you)
• The amount you are claiming
• A brief description of what happened
• Payment of the filing fee ($64 for claims not more than $10,000, $133 for claims over $10,000 to $30,000, and $344 for claims over $30,000)

Step 3: Serve the respondent

NCAT will give you a hearing date. You must serve a copy of your application on the respondent by post or email. Keep proof that you served them.

Step 4: Attend the hearing

NCAT hearings are informal. You sit in a small room with a tribunal member. Bring three copies of all your evidence (one for you, one for them, one for the member).

The member will ask you to explain your claim, then ask the respondent to respond. Most hearings take 30-60 minutes. The member usually gives a decision on the day.

Step 5: Enforce the order

If NCAT orders them to pay and they still do not, you can enforce through the Local Court:

• Garnishee order — takes money directly from their bank account or wages
• Writ for levy of property — sheriff seizes their assets
• Examination notice — they must disclose their finances under oath

Get everything prepared

Claim Done prepares your documents:

• Letter of Demand — $49 (send this first)
• Tribunal Application — $97 (if they ignore the letter)
• Witness Statement — $49 (your evidence in the format NCAT expects)

Each document is drafted by our Programmatic Algorithms, citing the right law, formatted for NCAT, and delivered in about 5 minutes. You approve it before anything is sent.