What it is
A court route that begins with an application
The application identifies the parties, the amount claimed and the documents supporting the debt. The court considers the application and, if appropriate, requires the debtor to pay or file an objection.
What is required
The invoice must form part of an evidential history
- Sufficient debtor information and a useful address.
- Itemised amount and due date.
- Contract, purchase order or accepted quotation.
- Proof of delivery or performance.
- Invoice and subsequent correspondence.
- Reviewed calculation of principal and any applicable interest.
What may happen
Three responses, three paths
| Response | General consequence |
|---|---|
| The debtor pays | The purpose of the claim is achieved and payment is documented. |
| The debtor neither pays nor objects | It may be possible to request enforcement, as appropriate. |
| The debtor objects | The dispute continues through the applicable procedure and the claim must be defended. |
What to assess beforehand
Obtaining a court decision does not, by itself, guarantee payment
Solvency and the realistic possibility of enforcement also matter. Before starting court proceedings, review the evidence, foreseeable objections, professional costs and the options for effective recovery.
General informationThis page does not replace legal analysis of the individual case. Requirements and strategy must be reviewed against the specific documents.