The amount in the court claim is higher than the unpaid invoice

The total does not match your ledger

Imagine a business expecting a dispute about a $9,000 invoice receives papers claiming a higher total. The owner assumes the claimant has inflated the invoice. There may instead be separately claimed interest or costs, or there may be an error. Read the breakdown before responding and preserve the documents showing payments already made against the original account.

Identify the components described

Legal Aid NSW's guide to responding to a statement of claim explains that a claimant may include interest and certain fees in a claim. The guide concerns NSW small claims and does not establish that every amount claimed in your case is recoverable. Ask your lawyer to assess the basis and calculation of each component in the relevant proceeding.

Source: Legal Aid NSW: Responding to a statement of claim

Reconcile the underlying account first

Match the principal claimed to invoices, credits and receipts. Note any payment made after the claim was prepared as well as payments apparently missing from the calculation. Keep dates and bank references. In the hypothetical example, a recent part-payment might explain some of the difference, but it should be checked rather than deducted from every component indiscriminately.

Keep additions in separate lines

Copy each added amount into a simple table with its stated description and the source paragraph or attachment. Record whether the calculation period or rate is provided. Do not calculate your own substitute legal entitlement from an internet example. The table is there to show your adviser what is claimed and which supporting detail appears to be absent.

Explain what you actually dispute

You may disagree with the original invoice, an added charge, or both. Tell your lawyer the reason for each disagreement and provide supporting records. A general statement that the total is wrong can conceal important differences between those issues. Avoid sending a hurried admission or payment proposal before understanding its possible effect on your position and the remaining claim.

Take a clear schedule to advice

Bring the papers, reconciled account and component table to your lawyer promptly, with the date and method of receipt. Ask what response is required within the applicable timetable. CRP can help organise the commercial figures. A useful starting point is an explained difference between the ledger and the claim, rather than a reaction to the largest number on the page.