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South Australia small claims guide

How to sue someone in SA

In South Australia, claims of $12,000 or less run as a 'minor civil action' in the Magistrates Court — an informal process where lawyers generally can't appear at trial.

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Quick answer

In South Australia, most small money claims go to the Magistrates Court of South Australia — Minor Civil Action (up to $12,000). You generally have 6 years to sue on a debt or contract. Send a letter of demand first.

Magistrates Court of South Australia — Minor Civil Action

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Monetary limit
$12,000 or less (Magistrates Court Act 1991 s 38).
Filing fee
$186 to file a minor civil action (fees page, 28 Oct 2026).
Form
Minor Civil Claim (lodged via CourtSA)
Where to lodge
CourtSA portal ↗
Lawyers
Lawyers generally not allowed at trial in minor civil actions, with exceptions.
Service
The claim must be served on the defendant; the court can serve by post for a fee.

Fee bands (individual)

  • ≤ $12,000: $186

Source: courts.sa.gov.au fees page (via teardown) + search extract. Checked 2026-10-28. Official info ↗

Step by step in SA

  1. Send a letter of demand. Give a clear deadline (we use 21 days). SA requires a final notice / letter of demand to be given before filing a minor civil monetary claim (at least 21 days, Uniform Civil Rules r 332.2). Our SA letters give at least 21 days and include the notice elements.
  2. Check the forum and the limit. SA expects a final notice before you lodge a minor civil monetary claim — our letter gives at least 21 days and includes the notice elements r 332.2 expects.
  3. Prepare your claim. Minor Civil Claim (lodged via CourtSA). Have your evidence numbered and ready.
  4. Lodge and pay the fee via CourtSA portal.
  5. Serve the other party. The claim must be served on the defendant; the court can serve by post for a fee.
  6. Turn up prepared. Most hearings start with conciliation — be ready to settle on sensible terms.
  7. Enforce if you have to. If the defendant doesn't pay a Magistrates Court judgment, you can apply for enforcement orders such as an investigation summons, a warrant of sale or an earnings garnishee.

Time limits

Contract and debt claims: generally 6 years (Limitation of Actions Act 1936 (SA) s 35).

Special cases

  • Bonds & tenancy: Bond and tenancy disputes go to SACAT.
  • Unpaid wages: Fair Work small claims can be run in the SA Employment Tribunal / Magistrates Court — confirm.

Local tips

  • Lodge through the CourtSA portal.
  • Keep proof of when and how you sent your letter of demand / final notice.
  • Minor civil actions start with a directions hearing aimed at settlement.

SA FAQs

What's the small claims limit in SA?

$12,000 or less for a minor civil action in the Magistrates Court.

How much does it cost to file in SA?

$186 to file a minor civil action (as listed on the Courts Administration Authority fees page in October 2026).

Can I bring a lawyer?

Generally not at trial in a minor civil action, with limited exceptions.

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