How to make. a civil claim in the District Court
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1 How to make a civil claim in the District Court
2 What is civil justice? Civil justice relates to disputes between individuals or organisations. Generally, civil cases are not about breaking a criminal law. For example, disputes over business contracts or debts, or disputes between neighbours. This publication provides you with information about how to make a civil claim in the District Court.
3 If you have a dispute if you have a civil dispute with someone, you may be able to resolve it without going to court. many civil cases are settled without a court hearing because all parties agree on a solution. Which court? If your claim is for less than $200,000, then you can go to the District Court. If the claim is for less than $15,000 (or less than $20,000 if everyone agrees) and is disputed, then it may be able to be heard by the Disputes Tribunal. Complex claims, or those worth more than $200,000, will be dealt with by the High Court. This publication deals with claims heard in the District Court. The claims process A civil claim involves formal legal action against a person or an organisation. You can make a claim if you have tried other methods to resolve a dispute but have not been successful, or if you want to recover money you believe is owed to you. Once a claim is filed in the District Court, you will be known as the plaintiff. The person you have made the claim against is called the. You are both called the parties. Filing forms The claims process starts when you file your claim form at the District Court. This formalises the claim. It does not mean that you will need a court hearing. The claims process is designed to help both parties reach agreement so the dispute does not end up in court. There are easy-to-use forms to help you with the claims process. These forms are available from the District Court or on our website See the diagram for more information. Fees There are fees for making claims in the District Court. The diagram also gives you more information about when you have to pay a fee. More information about fees is available from our website Getting help You can make a claim with the help of a lawyer or by yourself. If you need help filling in the forms or want to know more about the claims process you can also talk to your local community law centre or a citizens advice bureau. You may also be eligible for legal aid. Helpful websites Community Law Centres: Citizens Advice Bureau: New Zealand Law Society: Legal Aid: Contact us Contact us for more information about making a civil claim in the District Court: Website: civil@justice.govt.nz
4 How to make a civil claim You will need to refer to the forms for more information about this process. If you do not serve Form 4 within 20 working days your claim will come to an end. You can start your claim again but you will have to pay another filing fee. If you do not serve Form 6 within 90 working days your claim will come to an end. You can start your claim again but you will have to pay another filing fee. Plaintiff: the person who makes the civil claim. Defendant: the person who the claim is against. District Court: the place where the claim is filed and where the case will be heard if it ends up in court. $ You must pay a fee at this stage. Complete Form 6A Apply for judgment. File this form at the District Court within 90 working days of serving Form 2. $ Complete Form 6A Apply for judgment. File this form at the District Court within 90 working days of serving Form 4. $ START HERE To start the process you should complete Form 2 Notice of claim. F2 File the form at the District Court. $ Give the form to the within 12 months of filing. Did you receive Form 3 from the within 20 working days? Complete Form 4 and send it to the. F4 Did you receive Form 5 from the within 20 working days? YES YES Complete Form 6 and send it to the. F6 File Form 6 as soon as possible (including affidavit of service section) at the District Court. $ The District Court will contact you with the next steps in the process. This may involve a court appearance. Does the agree with you? Does the agree with you? YES Settle with the YES Settle with the. EIThEr out of court. Or complete Form 6A Apply for judgment. File this form at the District Court within 90 working days of serving Form 2. $
5 See for more information about making a civil claim mojcourts200-may2012
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