Welcome to Grahame Jackson & Associates – Debt Recovery
The key element to any successful debt recovery matter (whether a Small Claim or larger claim ) is to act promptly. There’s no point incurring $100’s or even $1,000’s in legal costs to find the debtor has gone into liquidation, or bankruptcy, or worse has sold the business and moved with the proceeds. Many creditors leave it too late and the debtor has moved on and can no longer be located. Contact us now on (02) 9908 1700 … before its too late!
A strict time frame for recovery should be implemented, as the law requires that the debtor is given 28 days to respond to a court claim by (1) payment, (2) agreement to pay by instalments, or (3) defending the claim (which can add even further time to the recovery process – see below).
The recovery process is divided into two parts. Firstly obtaining a Judgment from the Court confirming the amount of the debt owed, then secondly, enforcing that Judgment and recovering your money from the debtor.
We will approach the debtor with an initial letter of demand enclosing a draft Court Claim, then 7 days later, file and serve the Court Claim, and 28 days later obtain judgment for the debt (if not paid or defended).
We will then enforce the Judgment obtained by either Writs issued from the Sheriff’s office, Examination Summons, Garnishee Orders attaching to the debtor’s bank accounts, Bankruptcy or Company Liquidation, depending on the information you can give us about the debtor.
A strict time frame for recovery should be implemented, as the law requires that the debtor is given 28 days to respond to a court claim by (1) payment, (2) agreement to pay by instalments, or (3) defending the claim (which can add even further time to the recovery process – see below).
The recovery process is divided into two parts. Firstly obtaining a Judgment from the Court confirming the amount of the debt owed, then secondly, enforcing that Judgment and recovering your money from the debtor.
We will approach the debtor with an initial letter of demand enclosing a draft Court Claim, then 7 days later, file and serve the Court Claim, and 28 days later obtain judgment for the debt (if not paid or defended).
We will then enforce the Judgment obtained by either Writs issued from the Sheriff’s office, Examination Summons, Garnishee Orders attaching to the debtor’s bank accounts, Bankruptcy or Company Liquidation, depending on the information you can give us about the debtor.
Debt Recovery matters are categorized based on the size of the debt as follows:
Small Claims (< $20,000)
Local Court jurisdiction, filing fees and fixed scale legal costs, whether you win or lose. If defended, matters can take from 4 to 8 months for an assessment at Court.It is essential to consider settlement options at all stages because of the strict limited costs regime.
We can tailor your legal services, through documentation preparation and ad hoc advice to minimize any legal cost impact.
General Claims (< $100,000)
Local Court jurisdiction, filing fees and assessed legal costs, if you are successful. If defended, matters can take from 9 to 12 months for a Court hearing.Negotiating settlements with your costs and net financial gain is always our priority.
We can negotiate the Court’s practice and procedures to ensure a speedy trial without unnecessary delays.
Larger Claims (over $100,000)
District Court jurisdiction, filing fees and assessed legal costs, if you are successful. If defended, matters can take from 12 to 15 months for a Court hearing.It is essential to properly outline your case from the outset and the provision of all documents and verbal arrangements need to be clearly covered at the outset to prevent any unfounded defence delay tactics from the debtor.