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.