Our Debt Collection lawyers and support staff provide fast and cost effective legal services in the field of Debt Collection Gold Coast. We also offer these services in other geographical locations in Queensland and Interstate.
If you are owed money by a debtor based on the Gold Coast or elsewhere in Australia, our highly experienced Debt Collection Gold Coast based lawyers and support staff can assist you to:
- Issue a letter of demand to the debtor giving 7 days to pay the debt. To do this, you will need to provide us with copies of your agreement or terms of trade with the debtor, copies of all invoices issued to the debtor and details of the amount outstanding (including any part payments made).
- Enter into a payment arrangement with the debtor on terms to your satisfaction. If the debtor cannot pay the total debt within the 7 days, we will ask the debtor to provide details of their income and expenses and to submit a repayment proposal setting out the amount and frequency of instalments and the date upon which the first payment can be made for you to consider. If you are happy with the repayment proposal, we will endeavour to include terms in the payment arrangement that place you in a stronger position should the debtor default under the payment terms and it becomes necessary to commence court proceedings against the debtor.
- Commence court proceedings to seek recovery of the debt or balance owing. We will prepare a Claim seeking payment of the amount of debt owing at that time together with the costs of issuing and serving the Claim. Depending on the amount owing, the Claim will be filed in the Magistrates court, District Court or Supreme Court.
- Serve the Claim on the debtor. We will ask one of trusted process servers to personally serve the Claim on the debtor. It will greatly assist our process servers if you can provide us with as much details as possible about the debtor. For example, details of the debtor’s current residential and work addresses (and former address if you know them), details of the debtors land line and mobile telephone numbers, the debtors email address and a photograph (if you have one or are aware they have a social media or other online presence).
Practical advice in Debt Collection Gold Coast
Once the Claim has been served, the debtor will have 28 days from the date of service to either pay the total amount claimed plus costs or settle the Claim for a lesser amount you may be prepared to accept or enter into a payment arrangement on terms to your satisfaction for the total amount claimed plus costs or file and serve a Notice of Intention to Defend and Defence setting out the grounds the debtor disputes your Claim.
- Negotiate full payment of the Claim or such other settlement you may be prepared to accept. If the debtor cannot pay the total amount claimed plus costs within the 28 days, we will ask the debtor to provide details of their income and expenses and to submit a repayment proposal or settlement offer setting out the amount and frequency of instalments and the date upon which the first payment can be made for you to consider. If you are happy with the repayment proposal or settlement offer, we will endeavour to include terms in the payment arrangement or settlement agreement that place you in a stronger position should the debtor default under the repayment or settlement terms and it becomes necessary to take the next step in the court proceedings which is to apply for judgment against the debtor.
- Assess the merits of any Defence. If the debtor files and serves a Defence, we will assess it and advise you if there is any merit to the grounds of defence and that the matter may need to proceed through other court steps towards a full hearing or trial or other earlier negotiated outcome. If we consider the grounds of defence lack merit we may recommend that you make an application for summary judgment whereby you will be asking the court to deal with the dispute summarily.
- Apply for Default Judgment. If a defence has not been filed within 28 days after service of the Claim, we will ask you to confirm the amount outstanding and we will prepare and file and application and supporting affidavit asking the Court to entered judgment in your favour against the debtor for the outstanding debt (or balance owing) plus the costs of issuing and serving the claim and applying for judgment.
Enforce payment of the Judgment. We will advise you of the different ways to enforce a Judgment and we will make a recommendation to you about the avenue that may be the best for you. If you do not have any information regarding the assets and liabilities of the debtor, we may suggest certain searches be done or request the debtor to complete a statement of financial position within 14 days. If the debtor does not complete and return that form within the 14 days, you can apply to the Court for a Summons to compel the debtor to attend court to be examined regarding their financial position (which we would do on your behalf). Once we know the debtors financial position, we will recommend the next step. Some of the options are: Enforcement Warrant-Redirection of Earnings (colloquially referred to a garnishee of wages), Enforcement Warrant-Seizure and Sale of Property (where you can seek an order and ask the bailiff to seize real estate or other property owned by debtor such a motor vehicle or boat and have it sold at a public auction, or if the debtor is a company you may issue a creditors statutory demand for payment of debt
Our lawyers have acted in debt collection for many years assisting financial institutions, schools, local authorities, and other businesses in their debt collection matters. We also have the resources of a strong litigation team when the debt is disputed. For debt collection Gold Coast, we can assist at competitive rates.
For all debt collection Gold Coast enquiries, call Jon-Paul Selfe on 07 5574 0111.