Debt Recovery
Do you need to recover money owed to you?
We can help you.
The first step is generally to send a letter of
demand to the other party telling them about the dispute and the money
outstanding and giving them a limited period of time within which to settle the
matter or otherwise face legal consequences.
The amount of the debt will determine in which
court proceedings are commenced;
|
AMOUNT OF
DEBT |
COURT |
|
Less than $10,000 |
Local Court – Small Claims Division |
|
Up to $60,000.00 |
Local Court – General Division |
|
Up to $750,000.00 |
District Court |
|
Exceeding $750,000.00 |
Supreme Court |
We can commence proceedings by filing a Statement
of Claim with the Court and serving it on the debtor. The debtor has 28 days
after service to pay the debt or defend the matter. If the debt remains unpaid
or if the debtor fails to file a defence we can obtain default judgment against
the debtor.
Once we have obtained judgement there are three
types of court enforcement action that may be implemented to force the debtor to
pay the judgment debt;
·
Writs of Execution - The Sheriff's Officer can be directed to attend the
judgment debtor's address and seize property owned by the debtor and sell it at
a public auction if the debt is unpaid.
· Garnishee
Orders May be given to an employer, bank manager or some other person who is
holding money on behalf of the debtor and directing them to pay the money held
into court for payment of the debt.
· Examination
Notices - A document sent to the debtor which requires the debtor to answer
questions on their financial circumstances and provide copies of documents.
If the debt is still unable to be obtained we can
assist you with instigating bankruptcy or winding up proceedings.
|