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Being sued

If you have overdue debts, creditors may believe that the best way of getting their money is to take you to court and to get a court order (‘judgment’) against you. You will be notified by the court. See 'Court documents' (link below).

This gives the creditor further options to get the money back. For example, they can try to have money taken from your wages, take your goods or send you bankrupt. See ‘Creditors’ options’ (link below).

If you think there is a reason why the court should not make an order for you to pay the debt you can enter a ‘defence’. See 'Entering a defence' (link below).

If you enter a defence you will usually have to go to a pre-hearing conference or mediation to try to come to an agreement with the creditor outside of court. See 'Pre-hearing conferences & mediation' (link below).

If you cannot agree, the matter will be heard in court and the magistrate will make a judgment. See 'Court hearing & judgment' (link below).

If you do not enter a defence, the court will make a judgment against you. If a court makes an order against you, you will have to pay the debt, creditor’s legal costs and interest on the debt.

More information

Court documents

Court hearing & judgment

Creditors’ options

Entering a defence

Pre-hearing conferences & mediation

Related publications

Debt problems: the law, your options

Weighing it up

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

See Getting help with financial problems for details of free financial counselling services in your area and other organisations that can help you.