Debt Recovery Lawyers

From recovering a debt, to construction disputes, franchising disputes, or leases, it is crucial to get advice from a commercial lawyer before it ends up costing you more than it should. We adopt a strategic, tailored approach to resolving matters and aim to negotiate disputes and recover or settle debts outside of Court. Our team will work with you on a one-on-one basis to relentlessly pursue every avenue of relief and get you the best outcome at fair prices. Find out how.

5.0 (based on Google Reviews)

The team were professional and knowledgeable, allowing us to have the confidence to continue to grow our business. I have no hesitation in recommending the services of Stanley & Co.

 

3-Step Debt Recovery

We have developed an effective and simple 3-step debt recovery process that is individually priced and ensures 90% of debts are recovered in the first stage. Our process is more effective than commission based debt collection agencies, and does not rely on your administrative staff to chase difficult debts. Our debt recover process also includes two free additional bonuses:

  • Reviewing your existing Terms & Conditions; and
  • A detailed creditor’s report on your debtor.

How our commercial lawyers can help you

  • Debt Recovery
  • Dispute Resolution
  • Letters of Demand & Pre-Action Notices
  • Enforcing Judgments
  • Breach of Contract Claims
  • Business Advice & Transactions
  • Partnership Disputes & More

Leading debt recovery lawyers

Recovering a business or personal debt can be an intimidating and frustrating process. It can also go wrong very quickly as there are complicated rules to follow. Our Adelaide business lawyers specialise in resolving business disputes and have over 28 years of experience. We have a proven track record of success and have recovered millions of dollars for our clients throughout South Australia. We can also assist you by enforcing judgments, preparing loan and debt agreements, and negotiating settlements out of court. Speak to us today for a free no-obligation 30-minute consultation.

How we do it

1. Contact

Book online, call, email, SMS for your no-obligation free first appointment at Carrington Street.
T: 08 7001 6135
24 HR: 0420 359 833 or send an email

2. Meeting

You will meet with an experienced lawyer for a free initial appointment to discuss your matter.

3. Agreement

We send you a tailored fee proposal with a detailed ‘Scope of Work’ explaining exactly what you get for your money. If you are happy, sign the agreement and send it back to us.

4. Action

Now that we are engaged, we will get to work on your matter straight away. We will update you at each important milestone of your matter.

Debt recovery & business lawyers

Immediate action is often needed to successfully resolve disputes. We start negotiations early and will fight to keep you out of Court. We also provide specialised litigation services and work with our clients on a one-on-one basis to achieve the best outcomes. Contact us for plain English advice at flexible fixed prices.

  • Rich Stanley

    Co-Founder and Partner
  • Danial Esmaili Lawyer

    Danial Esmaili

    Solicitor
  • Ed Hewitt

    Associate
  • Adelaide Commercial Female Lawyer

    Tina Tran

    Solicitor

FAQs

Step 1 - Letter of Demand

Stanley & Co Lawyers have developed a 3 step debt recovery process. Each step is individually priced, and we have found that 90% of debts are recovered at Step 1. Our process is proven to be more effective than a commission based debt collector or agency, and does not rely on your administrative staff to chase difficult debts. We also provide you with two additional bonuses:

  1. Reviewing your existing terms and conditions; and
  2. A detailed creditor’s report on your debtor

Step 1

At the first stage, we meet with you to obtained detailed instructions about the debtor, the debt, and the agreement between the parties. As part of your fee, we will conduct a detailed search into the debtor that will reveal their credit history and other valuable information.

We will then draft and send an initial letter of demand and ensure the Pre-Action Steps under the Uniform Civil Rules 2020 (SA) are complied with. Our demands are tailored to the debtor and require them to repay the outstanding debt, plus any legal fees incurred, within 7 days (for a letter of demand) or 21 days (or Pre-Action Notice).

Once our letter is sent, we will follow up with the debtor by email and telephone, to ensure they have received the demand, are fully aware of the consequence of non-payment and to determine their attitude toward repayment. Most debts are recovered at this stage.

Step 2 - Final Notice

If Stage 1 proves unsuccessful, we move on to Stage 2. This involves issuing a formal notice pursuant to the Court Rules, and may depend on the amount you are trying to recover. It may also depend on the nature of the particular dispute or debt, as certain matters such as building and construction debts require different steps to be taken.

This “Pre-Action Notice” provides the debtor with 21 days to repay the debt or to enter into negotiations with us on your behalf. If the debt is not paid in this time, or the parties have not engaged in good faith negotiation, then you are entitled to file a statement of claim in Court, and potential recover a part of your legal fees which you have incurred in chasing the debt (depending on your terms and conditions or any agreement with the debtor).

Most of the time, the threat of legal action is enough to bring a debtor to their senses and pay the debt.

Step 3 - Court Action

If, at the end of the 21-day period, the debt is still unpaid, we will draft and issue a Statement of Claim in the relevant Court to start court action to recover the debt. The Court will be made aware of previous attempts to settle the matter and your costs of filing your claim and a portion of your legal fees can be added to the total debt.

If the debtor fails to pay the debt or lodge a defence within 21 days of receiving the claim, you can apply for default judgment. Once you have judgment, then you can start enforcement proceedings to recover the debt.

There are many enforcement options, including forcing the sale of the debtor’s property, or depending on the amount of the debt, bankruptcy or winding up of the company. We can offer individualised advice for the best method of enforcement for your specific matter.

How can we help?

FREE first appointment

Book us in for a coffee and a chat…

Book a Free Consultation

Get in touch

And don’t worry, we won’t charge you

Call 24/7 - 08 7001 6135