How to Respond to a Civil Claim in the District Court
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 respond to a civil claim made against you in the District Court.
Responding to a claim
If someone has a dispute with you, they may file a claim in the District Court. This does not mean you will end up in court. Many civil cases are settled without a court hearing because everyone agrees on a solution. The claims process is designed to help people reach agreement so the dispute does not end up in court.
The claims process
A civil claim involves formal legal action against a person or an organisation.
Someone may make a claim against you if they have tried other methods to resolve a dispute but have not been successful, or if they want to recover money they believe you owe them.
Once a claim is filed in the District Court, you will be known as the defendant. The person who made the claim against you is called the plaintiff. You will both be called the parties.
You can also make a counterclaim if you have a claim of your own against the plaintiff.
There are forms on our website which will guide you through the counterclaim process – www.justice.govt.nz/civil
Filing forms
The claims process starts when a claim form is filed at the District Court by the plaintiff – the person who has made a claim against you.
There are easy-to-use forms to help you respond to the claim. These forms are available from the District Court or on our website – www.justice.govt.nz/civil
See the diagram for more information about which forms you need to fill in.
Getting help
You can respond to 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 a community law centre or a citizens advice bureau. You may also be eligible for legal aid.
How to respond to a civil claim
You will need to refer to the forms for more information about this process.
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 receive Form 2 – Notice of claim from the plaintiff.
- Do you think you could reach an agreement with the plaintiff?
If no: complete Form 3 and send it to the plaintiff.
If yes: settle the claim with the plaintiff.NB If you do not serve Form 3 within 30 working days, the plaintiff may apply for judgment against you.
- Did you receive Form 4 from the plaintiff within 30 working days?
If no: this means the plaintiff’s claim has come to an end.
If yes: do you think you could reach an agreement with the plaintiff?
If no: complete Form 5 and send it to the plaintiff.
If yes: settle the claim with the plaintiff.
NB If you do not serve Form 5 within 30 working days, the plaintiff may apply for judgment against you.
- Did you receive Form 6 from the plaintiff within 90 working days?
If no, this means the plaintiff’s claim has come to an end.
If yes, the District Court will contact you with the next steps in he process. This may involve a court appearance.
Helpful websites
Community Law Centres: www.communitylaw.org.nz
The Legal Services Agency: www.justice.govt.nz/services/getting-legal-aid
Citizens Advice Bureau: www.cab.org.nz
New Zealand Law Society: www.lawsociety.org.nz
Contact us
Contact us for more information about responding to a civil claim in the District Court:
Website: www.justice.govt.nz/civil
Email: civil@justice.govt.nz
Telephone: call your local court.
It is listed under Justice, Ministry of in the blue pages of your telephone book.
courts/201 - October 2009
How to respond to a civil claim.pdf
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