What to Do When Someone Threatens to Sue You in Australia

You have just received an email, letter, or text message threatening to sue you. Your stomach drops. Your mind races. Is this real? Do I need a lawyer? Will I lose everything?

Not every legal threat leads to court. This guide shows you exactly what to do when someone threatens to sue you, how to assess whether the threat is legitimate, and when you need to respond formally.

Stay Calm and Do Not Respond Immediately

The worst thing you can do is fire off an emotional reply. Anything you say can be used against you later.

Do not:

• Apologise or admit fault
• Make promises you cannot keep
• Threaten them back
• Delete evidence or communication records
• Ignore the threat entirely (yet)

Do:

• Take a screenshot or save the original communication
• Note the date, time, and method of delivery
• Read it carefully, multiple times
• Wait at least 24 hours before doing anything

If the threat was verbal, write down exactly what was said, when, where, and who else was present.

Work Out What They Actually Want

Read the threat carefully and ask:

Is the claim specific?

• Do they state a clear legal basis (breach of contract, defamation, debt, property damage)?
• Do they specify an amount they are claiming?
• Do they reference any contract or agreement?

Is there a deadline?

• Legitimate demands typically give 7-14 days to respond
• Threats demanding payment “within 24 hours” are often bluffs
• No deadline at all suggests they have not thought it through

Is it from a lawyer or the person directly?

• Letters from law firms are more serious (but still often negotiable)
• Threats from the individual themselves are less likely to proceed
• Check the law firm is real by searching their name and ABN

What do they want you to do?

• Pay money?
• Stop doing something?
• Provide documents or information?
• Sign an agreement?

If the threat is vague, contradictory, or does not specify what you allegedly did wrong, it is probably not worth worrying about.

Assess Whether the Claim Has Merit

Just because someone threatens to sue does not mean they have a case. Australian courts do not entertain frivolous claims.

Ask yourself:

• Did I actually do what they are accusing me of?
• Do I owe them money under a contract or invoice?
• Did I cause damage to their property or reputation?
• Is there written evidence supporting their claim?

Common threats that rarely proceed:

• “I will sue you for emotional distress” (not a standalone claim in most Australian jurisdictions)
• “I will sue you for defamation” over a single critical review (truth is a defence)
• Threats over disputed work quality without a clear contract breach
• Demands for payment when you have already paid or the debt is statute-barred

Threats that are more serious:

• Unpaid invoices with clear terms and no genuine dispute
• Breach of a signed written contract
• Property damage you caused and have not paid
• Defamatory statements you cannot prove are substantially true

If you genuinely owe the money or breached an agreement, the threat is real. If the claim is exaggerated or legally baseless, you have options.

Check the Limitation Period

In Australia, most civil claims must be brought within a set time limit. If the alleged incident happened years ago, the claim may be statute-barred.

Common limitation periods:

• Debt and contract claims: 6 years in most states
• Personal injury: typically 3 years from the date of injury
• Defamation: 1 year from publication (can be extended in some cases)
• Property damage: typically 6 years

If the threat relates to something that happened outside the limitation period, you may have a complete defence. Do not volunteer this information. Let them proceed and raise it if they actually file a claim.

Decide Whether to Respond

Not every legal threat deserves a response. Responding can sometimes make things worse by giving them ammunition or legitimising a baseless claim.

When to ignore the threat:

• The claim is clearly frivolous or based on a misunderstanding
• The sender has a history of making empty threats
• There is no realistic way they could prove their case
• The amount claimed is trivial and not worth your time

When to respond:

• The claim is legitimate and you do owe money or breached a contract
• The threat is from a law firm and includes specific references
• Ignoring it could result in a tribunal application or court claim being filed
• You want to negotiate a settlement or payment plan
• You need to formally deny the allegations to protect yourself later

If you decide to respond, do it in writing. Never respond verbally unless you are in a formal mediation or legal setting.

Prepare a Formal Response

If the threat has merit or you need to respond to protect your position, your reply should be clear, factual, and unemotional.

Your response should:

• Acknowledge receipt of their letter or message
• State your position clearly (admit, deny, or dispute specific points)
• Provide evidence supporting your position (contracts, receipts, emails, photos)
• Propose a resolution if you are open to settling
• Set a reasonable timeframe for their reply

Your response should not:

• Apologise or admit fault unless you are genuinely liable
• Make threats or personal attacks
• Provide unnecessary detail that could hurt your case later
• Agree to anything you cannot deliver

When the Threat Escalates to Tribunal or Court

If the other party files a claim in a tribunal or court, you must respond by the deadline. Ignoring a filed claim can result in a default judgment against you.

What happens next:

• You will receive a formal application or statement of claim
• You must file a response (typically called a defence or dispute notice) within 14-28 days
• Both parties exchange evidence and attend a hearing
• A magistrate or tribunal member makes a binding decision

If you have a strong defence, the other party may drop the claim once they see your evidence.

How Claim Done Helps When You Are Threatened With Legal Action

If you have been threatened with legal action and need to respond formally, Claim Done’s Legal Response service prepares a professionally formatted reply in about 5 minutes.

You upload your evidence, answer a few questions, and our Programmatic Algorithms draft a structured response addressing the claim. The document is prepared for you to send via email or post. Fixed fee, no subscription, Australia-wide.

Claim Done does not provide legal advice.

Final Checklist: What to Do When Threatened With Legal Action

• Do not respond emotionally — wait 24 hours and assess the claim
• Work out what they want — money, an apology, or for you to stop doing something
• Check if the claim has merit — do you actually owe them or breach an agreement?
• Verify the limitation period — claims older than 6 years (or 1 year for defamation) may be statute-barred
• Decide whether to respond — not every threat deserves a reply
• Prepare a formal response if needed — clear, factual, and supported by evidence
• Respond to filed claims immediately — ignoring a tribunal or court application leads to default judgment

Being threatened with legal action does not mean you will be sued. Stay calm, assess the claim, and respond strategically.

Protect Yourself With a Formal Legal Response

If you need to respond to a legal threat and want it done properly, Claim Done prepares your reply in about 5 minutes. Upload your evidence, answer a few questions, and get a structured response addressing the claim. Start your legal response now.

Frequently Asked Questions

Do I have to respond to every legal threat I receive?

No. If the threat is vague, frivolous, or clearly baseless, you can often ignore it. However, if the claim is legitimate or comes from a law firm, responding formally protects your position. Never ignore a filed tribunal or court claim.

What if someone threatens to sue me but I genuinely do not owe them anything?

Respond in writing denying the claim and provide evidence supporting your position. If they proceed to tribunal or court, you will have the opportunity to present your defence.

Can someone sue me for leaving a bad review or social media comment?

They can threaten to sue for defamation, but truth is a defence if you can prove the statement is substantially true. Honest opinion is a defence only for an opinion on a matter of public interest, based on proper material.

How long do I have to respond to a legal threat?

If it is an informal threat, there is no legal deadline. If a tribunal or court claim has been filed, you typically must respond within 14-28 days (depending on the jurisdiction) or risk a default judgment.