Debt Recovery

One of the most frustrating experiences for small business owners and private individuals is the recovery of money owed to you. Despite your best intentions a point comes where you simply must resort to use the services of a lawyers with professionalism and experience in handling such matters. The team at Antwan Lawyers specialise in debt recovery matters and have a high rate of success in recovering your money.

Sometimes all it takes is a letter of demand from Antwan Lawyers to have the debt paid. However should that fail we can then resort to legal measures that will motivate the creditor to take action. At this stage the debt may be paid in full. Should a challenge be made, then we are experienced litigators who will defend your matter in Court. Of course this is the option we all wish to avoid and there are alternative avenues available to you and we can advise you of these.

The team at Antwan Lawyers can assist you no matter how small or great the amount is that is owed to you. Leave it to us and we will manage your matter hassle-free and with satisfying results. Call Antwan Lawyers on     02 8777 5597

If you, or your company, is owed money and negotiations for payment have broken down, there are a number of avenues that you can take to recover any outstanding amounts.

A Letter of Demand

You will need to keep a record of all of the documents and contracts which gave rise to the debt.  If you have done so, a lawyer can assist you in drafting a Letter of Demand against those who owe you the money.

A Letter of Demand is essentially a request to be paid by a certain date; it should outline the details of the debt and state that legal action will occur if payment isn’t made.  It can/will be used later in court if payment is not made.

Sometimes, a letter from a Solicitor’s office will indicate just how serious you are about wanting payment and may be the push that your debtor needs to reach into his/her pockets. It is also a good idea to see a Solicitor to draft the Letter of Demand even if you know your debtor is going to ignore the letter. A Solicitor will be able to ensure that you have all of the details etc correct, especially if the Letter is to be later relied on in Court.

Going to Court

If your demands for payment are continually ignored you may have no option but to take legal proceedings in order to recover the debt. 

You should seek advice about your specific case before proceeding to litigation as there are a number of complex rules which will need to be followed.  Also different Courts deal with different levels of debt. 

• Debts of: Up to $60,000 are heard in various divisions of the Local Court
• Between $60,000 and $750,000 are heard in the District Court
• Over $750,000 are heard in the Supreme Court

Initially you will need to lodge a Statement of Claim.  A Statement of Claim is similar to a Letter of Demand but in this case it is addressed to the Court and usually includes:

• who owes you money,
• how much,
• why they owe you, and
• when payment should be made.

After your Statement of Claim has been lodged a Summons will be issued against the person who owes you money directing them to pay within a certain period of time.

The person who receives a Summons for a debt may ignore the Statement of Claim, confess, or, defend the debt.

Ignoring a Statement of Claim

A person who ignores a Summons for a debt doesn’t do themselves any favours.  If you have been issued with one, it is in your best interest to seek advice.  Call Antwan Lawyers for advice today on 1300 ANTWAN (1300 262 386)

If a Summons has been ignored the person initiating the action may ask the court to make a default judgment.

If a default judgment is made it can be enforced by either the use of a:

• Writ, whereby the Sheriff goes to the home of the debtor, seizes goods and sells them to satisfy the debt.
  
• Garnishee Order, where the court will direct a third party who owes money to the debtor to pay.  For example, a Garnishee Order may be made against an employer so that x% of a persons wage goes to the creditor in order to satisfy the debt.  
  
• Examination Summons, if not much is known about the debtors financial position they may be asked to attend Court so that all the options can be explored.

Confessing the Debt

If the debtor confesses, the Court may make an installment order, giving the debtor the option of paying by installments.  The person who initiated the proceedings does not have to agree to this.   If an installment order is not considered suitable the case will proceed to a hearing. 

Defending the Matter

If the debtor defends the debt, they are essentially disagreeing with the Statement of Claim.  At this stage the debtor may make a cross claim against you. 

If the debt is under $10,000 a less formal approach is initially taken but if an agreement cannot be reached, the matter will proceed to Court.  Debts for amounts over $10,000 proceed directly to Court.    

At the end of proceedings the Court will make appropriate orders which can be enforced by the use of Writs or Garnishee Orders. 

Who Can Help?

Call Antwan Lawyers today for sound legal advice regarding your debt recovery matter. We can act for you whether you are the creditor or the debtor. We understand both sides of a case and can provide you with assistance so that your matter is deal with quickly and without causing any disruption to your life. Don’t risk it - Call 1300 262 386 today.

Please do not hesitate to "Call Us" for immediate professional advice