Debt recovery, debt collection, Statement of Claim - Shire Legal | Miranda | Sutherland Shire

Debt recovery & debt collection

Having outstanding debts can be very problematic for a business. It not only affects its cashflow, but can also tarnish an otherwise great relationship with the client. Managing how the debt is recovered is crucial if the relationship is to be maintained. And the longer a debt remains outstanding, the harder it will be to recover. The sooner you act to recover the debt, the better, before the debtor runs out of assets or even disappears. Keep in mind that legal action to recover a debt can be commenced at any time within six years from when the debt becomes "due and payable".

Shire Legal can assist you with your debt recovery by:

drafting the initial letter of demand
preparing the Statement of Claim for filing in the appropriate Court, to commence proceedings. The Statement of Claim will detail the parties involved, the amount due under the claim, and the time frame in which the Defendant (the debtor) will be required to take action
negotiating with the Defendant (or the Defendant's solicitor) for a suitable resolution to the claim, such as full payment of the amount claimed, or paying by instalments
pursuing the claim in the appropriate Court
applying for a judgment debt, in the event that the defence fails
enforcing the judgment debt

If you have been served with a Statement of Claim, Shire Legal can assist you in preparing a defence to the claim, or negotiating a suitable resolution of the claim. Please note that you have 28 days to lodge a Notice of Grounds of Defence with the Court, otherwise default judgment will automatically be made against you, and the the amount claimed will automatically become a judgment debt. Therefore you should seek legal advice without delay.

How enforceable are the contracts you have with your customers?

Of course, the risk of having bad debts can be minimised if your business has a written contract with each of your customers - whether it is well drafted standard terms and conditions that are issued to each customer, or whether it is a tailor made contract for individual customers.

Shire Legal can assist you by:
1. reviewing your existing terms and conditions and/or contracts; and
2. recommending amendments and improvements to your documents.

Contact Shire Legal to arrange a consultation with an experienced solicitor.

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Suite 9
46-48 Urunga Parade
Miranda NSW 2228 Australia

Phone: 02 9526 3444
Fax: 02 9526 3499

Phone: 02 9526 3444 Fax: 02 9526 3499 Email: info@shirelegal.com.au