Debt Collection Gold Coast

Our Debt Collection Gold Coast lawyers and support staff provide fast and cost-effective legal services in Gold Coast. We also offer these services in other locations in Queensland and on the Interstate.

Debt Collection Gold Coast Lawyers

Don’t worry if you are owed money by a debtor based on the Gold Coast or elsewhere in Australia. Our highly experienced Debt Collection Gold Coast 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. Plus, copies of all invoices issued to the debtor. In addition to the details of the outstanding amount (including any part payments made).

Enter into a payment arrangement with the debtor on terms to your satisfaction. For example, if the debtor cannot pay the total debt within 7 days. Then we will ask the debtor to provide details of their income and expenses. Also, we will ask them to submit a repayment proposal setting out the amount. In addition to the frequency of instalments and the date upon which the first payment can be made for you.
Then, if you are happy with the repayment proposal, we will endeavour to include terms in the payment arrangement. It will place you in a stronger position should the debtor default under the payment terms. 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. Along with the costs of issuing and serving the Claim. Then, 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 the 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 many details as possible about the debtor. For example, details of the debtor’s current residential and work addresses (and former addresses if you know them). Also, the details of the debtor’s landline and mobile telephone numbers. Plus, the debtor’s 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. He will have 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. Suppose, the debtor cannot pay the total amount claimed plus costs within 28 days. Then we will ask the debtor to provide details of their income and expenses. We will also ask them to submit a repayment proposal or settlement offer setting out the amount. In addition to the frequency of instalments and the date upon which the first payment can be made for you to consider.
Then if you are happy with the repayment proposal or settlement offer, we will endeavour to include terms in the payment arrangement or settlement agreement. It will 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. We will see 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. Then if we consider the grounds of defence lack merit we may recommend that you apply for summary judgment whereby you will ask the court to deal with the dispute summarily.
Apply for Default Judgment. Let’s say if a defence has not been filed within 28 days after service of the Claim. Then we will ask you to confirm the amount outstanding. Also, we will prepare and file an application and supporting affidavit asking the Court to enter 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 on different ways to enforce a judgment and recommend the best option for you. If you lack information about the debtor’s assets and liabilities, we may suggest certain searches or ask the debtor to complete a financial statement within 14 days. If the debtor doesn’t return the form on time, we can apply to the court for a summons to compel the debtor to attend court and disclose their financial position.

Once we know the debtor’s financial position, we will recommend the next step.

Some options include:

Enforcement Warrant-Redirection of Earnings: Garnishing the debtor’s wages.
Enforcement Warrant-Seizure and Sale of Property: Ordering the bailiff to seize and sell the debtor’s real estate or other property like a motor vehicle or boat.
Creditor’s Statutory Demand for Payment: Issuing a demand for payment if the debtor is a company.

Our lawyers have extensive experience in debt collection, assisting financial institutions, schools, local authorities, and other businesses. We also have a strong litigation team for disputed debts. Lastly, for debt collection on the Gold Coast, we offer competitive rates and reliable assistance.

For all debt collection Gold Coast enquiries, call Justin Mathews on 07 5574 0111.