Debt Recovery

We have over 40 years of experience in commercial litigation in general, and debt recovery in particular.

We are practical and efficient and we offer competitive pricing options. Unlike debt recovery agents, we do not charge commissions on collections. 

While we work within primarily Victoria, we also maintain good working relationships with law firms in other parts of the world, and can provide assistance on cross-border debt recovery cases through our network of ‘best friend’ law firms.

Our Approach

In every matter that we take on, our first step is to understand your business and the facts of your case, to enable us tailor our advice to your specific situation. We will then advise you on your debt recovery options, recommend the most commercially viable strategy for your case, and inform you of the next steps. We take action swiftly, keep you updated at every stage of the debt recovery process.

Services for Creditors

▶︎ Issuing Letters of Demand

This is often the first step of the debt recovery process. This involves issuing a letter to your debtor on your behalf, demanding that the debt be repaid within a stipulated timeframe, and stating that legal action will be taken if the debt is not paid within the stated timeframe. A letter of demand from your lawyer is simple but effective way of encouraging a debtor to settle a debt, especially if the debt is not disputed, and may save you litigation costs.

▶︎ Negotiation

Before escalating a case to the courts, we will initiate and represent you in negotiations with the debtor to agree payment terms and settle any dispute over the debt. If successful, negotiation offers a good chance of preserving the relationship with the debtor, and will save you money and time.

▶︎ Legal Action

Depending on your debtor’s response to our letter of demand or the outcome of negotiations, we may need to institute an action in the appropriate dispute resolution forum (e.g. court, arbitral panel) against your debtor. With your input, we will prepare and file the documentation required to commence the action and see it through to judgment and appeal, if necessary.

▶︎ Enforcement of Judgment

If judgment is awarded in your favour, we will employ appropriate enforcement methods to ensure that the debt is recovered. This may involve the seizing and selling of the debtor’s assets by the sheriff, obtaining garnishee orders, or commencing bankruptcy/winding up proceedings against the debtor.

Often after a debtor has received a court order to pay, the debtor will make an application for an installment order, pursuant to section 6 of the Judgement Debt Recovery Act 1984 (Vic). In these instances, our lawyers are well equipped to represent your best interests at resisting such an application, which is often unfair and just another tactic debtors use to delay the payment of a lawful debt.

Services for Debtors

▶︎ Response to Letter of Demand 

If you have received a letter of demand from your creditor, we can assist you in responding to the letter. We will write a letter on your behalf to your creditor putting forth your payment terms or disputing the debt, as may be required.

▶︎ Negotiation

We will represent you in negotiations with your creditor to settle any dispute over the debt and come to an agreement on how the debt will be settled.

▶︎ Legal Defense

If your creditor has sued you, we will prepare your defense and represent you in the proceedings. We will also contest enforcement orders and appeal, as may be required.