How our debt recovery lawyers can help

Our team of debt recovery lawyers Canberra can help you at every stage of debt recovery. Here’s a breakdown of how we can help you:

Demand phase

This is the initial stage of debt recovery. During this initial phase, we take detailed instructions regarding the debt, the debtor’s details and their background. We believe this is the ideal time for you to make discreet enquiries of the debtor, while they are unaware of forthcoming proceedings.

Following this, our debt recovery lawyers send a Letter of Demand on your behalf. It is a very effective, and inexpensive way to obtain payment.

Commencing proceedings

If this is ineffective, we draft a claim for you. This stage involves drawing up “pleadings”. This is a formal, legal expression of your claim. A thoroughly drafted pleading is crucial to ensure the matter proceeds smoothly to litigation. Then, the claim is filed in the Magistrates Court (for claims above $10,000), or the ACAT for lesser claims.

The ACAT is a relatively inexpensive, low-formality jurisdiction. This often results in quick judgements. However, its informal nature also allows debtors to represent themselves. This can create significant delays and, legal costs are rarely awarded.

By contrast, the Magistrates Court provides recovery of the debt, along with a percentage of the legal fees. In certain cases, you can also obtain “indemnity costs”, which is essentially the total cost of your fees. As the Magistrates Court is a stricter jurisdiction than ACAT, potentially time-wasting practices are weeded out. As such, its fees are higher.

Judgement

The majority of debt recovery cases are not contested. Having said that, you can depend on our highly skilled team’s years of advocacy experience. We will walk you through the rigmarole of the court proceedings and obtain a positive outcome for you.

Enforcement

If we obtain a judgement in your favour, we will ensure prompt payment. This may include: examining the debtor in court, garnishing their wage or bank account, or ordering their assets to be seized and sold. If these methods prove ineffective, we can also bankrupt the debtor, and ensure you receive payment from their estate.

Negotiation and resolution

At any stage, from composing the Letter of Demand to the entering of the judgement, we can work with your debtor. This will ensure both parties come to terms regarding payment.

We will offer a variety of agreements that will secure binding payment plans.