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Debt Recovery & Insolvency

Debt Recovery Litigation

When you are owed money, you need experts to recover it. If you have received a claim for monies you need experts to defend the claim.

We work with both:

  • creditors and
  • debtors

We can assist if you are located in Melbourne, Sydney, Brisbane and Australia-wide.

As a creditor you may have one or more people or businesses who owe you money. You may have already tried to keep the lines of communication open and sent them a gentle reminder for payment, which has resulted in payment of your invoice.

Alternatively, if you are a debtor, you may be unsure and stressed about the claim being made against you. Read more below on how we help debtors in debt recovery.

How we recover money for our clients

We take a no-nonsense approach when it comes to debt recovery. We have offices in Melbourne, Sydney and Brisbane, and have helped many clients recoup their monies owed.

  1. The debt collection process begins by us assessing the basis of the debt and making sure that the basis for a claim is made out eg., that the tax invoices are in order.
  2. We then prepare a formal Letter of Demand that clearly sets out the details of the money owing and gives them a deadline to pay the monies owing.
  3. If that deadline passes and they still have not paid (or responded to your letter to your satisfaction), you will need to consider commencing legal action to recover the money.

Different debt amounts and industries have specific courts and tribunals. It is not one size fits all in debt recovery.

In your dealings with someone who owes you money, we strongly recommend keeping records of all your interactions with them. It’s a good idea to note your conversations with them in a diary, and keep copies of all relevant documentation – including any written agreements, emails, letters or text messages about the matter. Those documents could be important evidence to back up your claim, if the matter goes before a court.

If the party (debtor) that owes you money is an individual, you will need to sue them and get judgment in a court first. There are various options post-judgment, including seeking a further court order which will result in compulsory deductions from that person’s salary by their employer or bankruptcy.

If the debtor is a company, you have clear options:

  • commence proceedings in a court of law (which court will depend upon the amount); or
  • commence the wind-up process which starts with a creditor’s statutory demand (in case where the amount of the debt cannot be disputed).

All the above are powerful mechanisms when considered carefully and implemented correctly. Generally individuals and businesses respond quickly to legal demands and claims drafted, and served by lawyers.

Talking to an experienced debt recovery lawyer about your case at the beginning will almost inevitably help you get a better result – and more quickly.

For Debtors – How we help defend a claim for money owed.

We can quickly assess the claim that is made against you. Our lawyers are thorough and will check the details and where you stand legally.

In many circumstances a claim can be defended and in some circumstances a counter claim can be made against the plaintiff. It is important to get this advice as early as possible. It is easier to defend a claim before a judgement is made, although it is still possible in some circumstances to get a judgement overturned.

The earlier you seek advice the better. Your lawyer advising you on the debt will be able to establish what you rightfully owe or not. Often, costs or penalty interest can be added and this can be successfully negotiated down or removed. This is also true with the debt itself. It might be that you require more time or can only afford to pay part of the debt.

A competent litigation lawyer will be able to assist to renegotiate the debt, payment terms or possibly even have the debt wiped. Our litigation lawyers assist debtors in Melbourne, Sydney and Brisbane with the taxation (ATO disputes), banks, private lenders, suppliers and more.

We can help you in the following ways:

  • providing advice on the debt collection process, so that you can better understand all the steps that need to be taken
  • ascertaining the correct legal identity of the debtor – it is sometimes easy to name the wrong defendant, particularly when dealing with a business or trading name, but a Court or Tribunal order won’t be enforceable if it is made against the wrong person or company
  • reviewing and providing advice on your claim, so that you can recover everything that’s owing to you
  • writing formal letters of demand to the debtor (sometimes a letter from a solicitor shows the other party that you’re serious about taking the matter further, and can mean you get paid sooner)
  • negotiating a payment plan or settlement with the debtor
  • preparing court documents on your behalf – it is imperative that the claim that you file with the court or tribunal clearly sets out the details of the debt and why it is owing to you; we can draft your claim documents for you so that your case has a strong foundation
  • once you have obtained judgment against the debtor, advising you on your options for enforcing the judgment; and
  • defending you in any of the above matters.

Our experienced solicitors in Melbourne, Sydney and Brisbane can help you through all or part of the debt recovery process.

Get practical and cost-sensitive advice with your debt collection matter whether you are trying to get paid monies owed or owe monies.

Contact one of our lawyers to discuss your debt recovery matter on 1300 907 335 or complete an online enquiry form and we will be in contact with you promptly.

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