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Victorian legal guide

How do I defend a debt claim in Victoria?

General information for people in Victoria · ORLA Connect

If someone is suing you for a debt in Victoria — usually by serving a complaint from the Magistrates' Court — you have a limited time to respond, and ignoring it can lead to a default judgment against you. Acting quickly protects your options. Here's what to do.

Respond by the deadline

Once served, you generally have a set number of days to file a defence or otherwise respond. If you do nothing, the other side can get a default judgment, so respond in time even if you're negotiating.

Common defences

You may have a defence if the debt isn't owed, the amount is wrong, it's already been paid, it's out of time (statute-barred), or the claim is against the wrong person. Some disputes are better resolved by negotiation.

Options besides fighting it

You might negotiate a payment plan or a reduced settlement, or dispute part of the claim. A lawyer can tell you which path makes sense for your situation.

Get help quickly

Post your matter once on ORLA Connect and get matched with Victorian firms who can advise on a defence and their fees — privately and without obligation. Because deadlines are tight, act quickly.

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What happens if I ignore a debt claim?
The other side can obtain a default judgment against you, so it’s important to respond by the deadline even while negotiating.
Can a debt be too old to claim?
Sometimes — a debt may be statute-barred if it’s out of time. A lawyer can check whether that applies to your situation.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.