Respond to a minor debt dispute
A minor debt dispute is a disagreement between you and another person, business or company about an agreed and fixed amount of money up to $25,000 (excluding interest).
Any member of the public can start a minor debt dispute, including individuals, businesses and traders.
If you have been served with a minor debt application, and are listed as a respondent you must lodge a response to the application. If you do not lodge a response, the applicant can seek a decision by default.
You have 28 days from the day you were given a copy of the application to lodge your response.
You must send the applicant a copy of the sealed response after it is lodged at QCAT.
What is a response?
In a response, you outline facts which try to disprove the original claims.
For example, if the applicant says "the contract is a written document dated 1 July 2008", you may say "I deny that the contract was a written document dated 1 July 2008 because the copy of the contract is signed and dated 1 July 2007".
You should include any supporting documentation or evidence to support your response.
Who can use this form?
You can use this form if you are a respondent noted on a minor debt application, and have been served with the application.
You cannot respond to a minor civil dispute that is not a minor debt. Learn more about responding to an application in these circumstances.
Before lodging your response
The Queensland Civil and Administrative Tribunal Rules 2009 state your response must be filed within 28 days after you are given a copy of the application. If you do not file a response within this time, the applicant may apply for a decision by default.
If the tribunal has made a decision in default of your response, filing this form will not change the decision.
If a decision by default has been made, you can apply to set that decision aside. Access more information on decisions by default.
What you need to complete this form
This is Form 7 under the Queensland Civil and Administrative Tribunal Act 2009 .
To complete this form you will need:
- your case number
- the name of the applicant and respondent
- the location where the minor debt application was lodged
- any supporting documents.
There is no fee to lodge this response.
What happens next?
When you submit this form online, QCAT automatically receives it.
Your application is not lodged until we seal it (i.e. stamp it with the official QCAT stamp). A sealed copy of your application will be emailed to you.
You must then give (serve) the sealed copy of the application to all parties.
All parties will then receive a notice to attend mediation including the date, time and location of mediation. The aim of mediation is to help parties find a solution that suits everyone.
If no agreement is reached at mediation, generally the matter will proceed to a hearing and a final decision will be made.
Please note, if your application concerns an amount up to $1,500, your dispute will be listed for hearing without first being referred for mediation, unless the tribunal otherwise orders. For more information, please read Practice Direction 2011/04 Arrangements for the mediation and determination of minor civil disputes .
What you must do next
You must serve a sealed copy of your application to each of the other parties as soon as possible.
Protecting your privacy
We collect your contact details to ensure QCAT proceedings comply with the Queensland Civil and Administrative Tribunal Act 2009. We may contact you to help evaluate our operations. You do not have to participate in feedback or surveys. If you do participate, no identifying information will be published. We will not disclose your contact details or any other personal information to a third party unless required by law.