In South Australia, unpaid invoices of $12,000 or less are claimed as a minor civil action in the Magistrates Court, and debts up to $100,000 go to its general claims division. First you must give the debtor written notice of your intention to sue, either a court Final Notice (Form P1, $27.75 online) or your own pre-action letter, and wait 21 days. If you skip this, you may not get your filing fee back even if you win. As at 1 July 2026 the filing fee for a minor civil claim is $186. Once the claim is served the debtor has 28 days to file a defence, or you can ask for default judgment. Before going to court, the Small Business Commission SA offers free help with unpaid invoices between businesses, with mediation at $195 per party per day.
General information only, not legal or financial advice. Every business and every debt is different. For advice on your situation, talk to a lawyer, your accountant or your state small business commissioner.
Step by step
- 1
Give written notice of intention to sue
This step is built into the South Australian rules for minor civil actions. Use the court's Final Notice (Form P1), generated through the CourtSA portal for $27.75 (or $66.50 through a registry), or send your own pre-action letter of demand. A letter must include the date, your full name and address for service, the amount owed and why, copies of invoices, that the debtor has 21 days to respond, and a warning that the court may order costs against them if you sue and win.
- 2
Ask the Small Business Commission for help
If your customer is another business or a government agency, the Small Business Commission SA (SBC) lists unpaid invoices among the disputes it helps with. Advice, early support and negotiation are free, and an SBC Advisor can contact the other business for you. If mediation is needed, it costs $195 per party, per day. The SBC does not give legal advice and cannot enforce payment.
- 3
Consider a pre-action meeting
If you used a Final Notice, either party can ask the Magistrates Court's Mediation Unit to arrange a pre-action meeting. It is voluntary, usually held about two weeks after everyone agrees, and the mediator's cost is shared equally. If it does not settle, you can still file once 21 days have passed since the notice.
- 4
Get the debtor's exact legal details
The court says a claim against a company needs its correct name and registered office address (check ASIC), and a claim against a business needs the owner's name, the business name and address. Use ABN Lookup and the ASIC register. Consumer and Business Services can also help with business names.
- 5
Lodge your claim on CourtSA
Claims are lodged electronically through the CourtSA portal. For $12,000 or less you can enter a short summary of your claim (under 100 words) or upload a Form 1S statement of claim. Over $12,000, a Form 1S is required and extra pre-action steps apply, so get legal advice. Pick the court location nearest to where the dispute arose or where the debtor is.
- 6
Serve the claim
You serve the claim yourself by post, email or in person (at no court cost), or pay the Sheriff to do it. Express post and email service have strict conditions, and a Multilingual Notice (Form 31) goes with the claim. The person who serves it completes an Affidavit of Proof of Service (Form 42). A claim must be served within 6 months of being issued.
- 7
Wait 28 days, then act
The debtor has 28 days after service to pay, settle or file a defence. If they do nothing, request default judgment through CourtSA (Form 76B), with your proof of service. If they defend, the court lists a directions hearing, usually about six weeks after the defence is filed, then a settlement conference, mediation or trial.
- 8
Enforce the judgment if they still do not pay
The court does not collect for you. Options include an investigation summons (the court looks at what the debtor can pay and can order instalments), a warrant of sale (the Sheriff seizes and sells goods), a charging order over land and a garnishee order (money owed to the debtor is paid to you). Judgment interest runs at 6% a year simple.
What else to know
At a glance: South Australia
These are the key figures from the Courts Administration Authority, the Legal Services Commission's Law Handbook and the Small Business Commission SA, checked 3 November 2026. Court fees change each 1 July.
The 21 day notice is not optional
South Australia is unusual: the rules for minor civil actions require you to give the debtor written notice of your intention to sue before you file. The Law Handbook points to rule 332.2 of the Uniform Civil Rules 2020, and says that if no notice is given, the filing fee may not be recoverable even if you win. The court's own advice is to wait the full 21 days before making a formal claim. In that time the debtor can pay, negotiate an arrangement with you or ask for a pre-action meeting. Our final notice template is a good base for your own letter, but add the items South Australia requires: the 21 day response period and the costs warning. If you are happy to accept instalments, you can send an Enforceable Payment Agreement (Form P2) with a Final Notice.
Minor civil or general claim?
The line is $12,000. Minor civil actions are dealt with with minimal formality and the parties are not entitled to legal representation except in special circumstances. The general claims division of the Magistrates Court hears contract and debt claims from $12,001 up to $100,000, with more formal steps and higher fees. Above $100,000, claims go to the District Court or Supreme Court, and the court advises getting legal advice first. If your debt sits just over $12,000, weigh whether keeping it inside the minor civil limit is worth the amount you would give up, and get advice if you are unsure.
What it costs (fees as at 1 July 2026)
In a minor civil action there is a single filing fee, with no separate corporate rate. In the general claims division, a prescribed corporation pays more than other claimants. The court notes that fees are paid by card through CourtSA, and the Law Handbook says these costs are usually recoverable from the other party if you win.
Talk to the Small Business Commission first
The Small Business Commission SA is the state's independent and impartial small business disputes service. It works with businesses in disputes with other businesses and with government agencies, and gives an electrician chasing months of overdue invoices as one of its examples. It asks you to try contacting the other party first, gather your notes, agreements and invoices, and think about what a fair outcome looks like, then lodge your case online. Its advice and early support are free, and mediation with an independent mediator is subsidised at $195 per party, per day. The SBC cannot take sides, act as your lawyer or enforce payment, but if an agreement is reached and not followed, it notes you may be able to seek enforcement through the Magistrates Court.
Before you file: build a tidy evidence file
Gather the quote or contract and proof the customer accepted it, the invoices, delivery or completion records, every reminder, your Final Notice or pre-action letter with proof of when it was sent, and notes of calls and promises to pay. Put them in date order. If you send documents by express post, keep the lodgement receipt and the online tracking printout, because the court relies on them as proof of service.
Interest on the debt
If your terms of trade set an interest rate on overdue invoices, you can include that in your claim. After judgment, the Law Handbook says interest is payable on the debt until it is paid, at 6% a year simple interest under the Magistrates Court Act 1991 and the Uniform Civil Rules. Read our guide on charging interest for the difference between an agreed contract rate and a court rate, and use the late payment interest calculator to estimate it.
Getting paid after judgment
A judgment does not put money in your account. You must serve a copy of the judgment on the debtor before enforcing it. An investigation summons ($71) brings the debtor back to court to examine what they can afford, and the court can order instalments. If two payments are missed, an examination summons can follow. A warrant of sale lets a Sheriff's officer seize and sell goods, although tools of trade, goods on hire or lease, and household goods, clothes and vehicles worth less than $2,500 are protected. Sheriff's fees apply, for example $77 to receive a warrant and $108 to execute it (as at 1 July 2026). A charging order can stop the debtor selling land they own, and a garnishee order can redirect money owed to them. The Law Handbook says you have 15 years to enforce a judgment, but you need the court's permission after 6 years.
Building and construction debts
If you are a subcontractor or supplier in building and construction, the Law Handbook notes you may be able to claim under the Building and Construction Industry Security of Payment Act 2009 (SA) instead. That process has its own strict time limits, so get advice early.
Time limits
The Law Handbook says legal action to recover a debt must generally be commenced within six years from when the debt arose, under the Limitation of Actions Act 1936 (SA). A signed written promise to pay or a part payment restarts the six years, but a verbal acknowledgement does not. Do not wait anywhere near that long. Evidence fades and debtors move or close.
Is it worth it, and what else can you do?
The Legal Services Commission suggests weighing your proof, the fees, your time and whether the debtor can actually pay. A judgment against a business with no money or assets can be hard to enforce. For free legal advice in South Australia, the Legal Services Commission helpline is 1300 366 424. If the debtor is a company and the debt is over $4,000 and genuinely undisputed, a statutory demand is another option (read our statutory demand guide first). If recovery looks unlikely, talk to your accountant about writing off the debt. Working across states? Compare our Victoria guide, Western Australia guide, NSW small claims guide and Queensland QCAT guide.
Final notice template (adapt it for the 21 day South Australian notice)
Common questions
What is the small claims limit in South Australia?
Debts of $12,000 or less are claimed as a minor civil action in the Magistrates Court, where lawyers generally cannot represent parties at trial. The general claims division hears claims from $12,001 up to $100,000.
Do I have to send a final notice before suing in SA?
Yes, for a minor civil action you must give the debtor written notice of your intention to sue, using a Final Notice (Form P1) or your own pre-action letter, and wait 21 days. If you do not, you may not be able to recover your filing fee even if you win.
How much does it cost to file a minor civil claim in SA?
As at 1 July 2026 the filing fee is $186. A court Final Notice costs $27.75 online or $66.50 at a registry, and if the claim is set for trial there is a further fee of $260 for claims up to $4,000 or $783 for claims over $4,000. These costs are usually recoverable if you win.
How long does the debtor have to respond in SA?
28 days after being served with the claim within Australia. If they do not file a defence, you can request default judgment through CourtSA.
Does the Small Business Commission SA help with unpaid invoices?
Yes. Unpaid invoices between businesses, or with government agencies, are among the disputes it helps with. Advice and negotiation support are free, and mediation costs $195 per party, per day. It cannot enforce payment or give legal advice.
What interest can I claim on a judgment in SA?
After judgment, interest runs at 6% a year simple until the debt is paid. Before judgment, you can claim the rate set in your terms of trade if one was agreed.
Official sources
- Courts Administration Authority SA: starting a civil case (minor and general claims)
- Courts Administration Authority SA: before making a claim (final notice)
- Courts Administration Authority SA: Magistrates Court civil (general) and civil (minor) claims fees, as at 1 July 2026
- Courts Administration Authority SA: defending a civil case (28 day defence period)
- Courts Administration Authority SA: mediation and pre-action meetings
- Courts Administration Authority SA: judgment and enforcing it
- Courts Administration Authority SA: Sheriff's Office fees, as at 1 July 2026
- Law Handbook (Legal Services Commission SA): giving notice of intention to sue
- Law Handbook (Legal Services Commission SA): undefended minor civil claims
- Law Handbook (Legal Services Commission SA): enforcing monetary judgments and interest
- Law Handbook (Legal Services Commission SA): debt, for creditors (time limits)
- Small Business Commission SA: get help with a dispute
- Small Business Commission SA: understand the mediation process (costs)
- ABN Lookup
- Search ASIC registers
Sources checked 3 November 2026. Rules and limits change, so check the official site before acting.