As a business, how should I collect the debts?

Act immediately. In our experience, the faster the debt is acted upon, the better the result.  

Our initial consultation will explore what service would best suit your needs. Different clients have different needs.   

We can also help you to find your missing debtor. Our trace experts utilize the latest cutting edge technologies to develop leads on your debtor’s whereabouts.  

 How will my debt be collected?

 We offer ‘5 levels’ of service: 

  • Non-legal – we will issue Final Demand Letters; make contact with the debtor, negotiate on your behalf where a repayment agreement is required 
  • Legal – when all other options are exhausted, we will start the court process by issuing a claim through the appropriate court 
  • Defended – if the debtor defends the claim, we will build your case and represent you at trial if the matter has not settled beforehand 
  • Undefended – if the debtor does not respond or defend the claim, we will apply for judgement in your favour 
  • Enforcement – once a judgement has been achieved in the court, we will enforce the judgement. This can be accomplished in the following ways: 
  • Examination Hearing 
  • Charging Order 
  • Garnishee Order 
  • Issue winding up notice/bankruptcy proceedings 

Where possible, we ask that you provide us several pieces of information. The more information we have, the higher the chances of a quick turnaround: 

  • Contact details of the debtor; 
  • Copies of written agreements;  
  • Invoices; 
  • Terms and conditions; 
  • Correspondence; and any 
  • Director’s guarantee. 

 Facts that may help you

 If the debt can’t be collected…

If you obtain judgment over the debt with the courts, that judgment will remain active for 6 years. A debtor will have to pay the debt to remove the judgment and try to clean up his or her credit history. 

We have had many occasions when a debtor will call the creditor 4 or 5 years later offering to pay the debt so that he can go ahead and obtain finance over a vehicle, for example.  

When should I call a lawyer?

 We recommended that you call a lawyer when: 

  • Your customer exceeds your credit terms and you have contacted them more than 3 times 
  • You have invoices owing for 90 days and have had no response or payment; and 
  • Your customer(s) are refusing to pay your account and they have exceeded your credit terms.  

 What are our fees and who pays for them?

We will provide you with a personal fixed fee agreement to recover your debt. 

If you have terms and conditions in place with your customer, which states they are to pay any debt recovery or legal fees in the event of non-payment, we will recover these fees too, where possible. 

Legal action fees are mostly recoverable however they are charged to you first and all recoverable costs are collected from the debtor (plus any interest).  

If you are in need of legal assistance, please contact us on 08 7132 5636 to seek advice from our experienced Adelaide lawyers.

How Can We Help?

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