If you need to recover or you are disputing a debt between $10,000.00 to $100,000.00 we can assist with advice and guidance. 

We can assist by:

• Giving you advice as to the best course of action for you to take 

• Negotiate terms of repayment (if required)

• Writing and attending to service of letters of demand

• Settlement of debt matters on negotiated terms

• Initiating and managing legal proceedings in the Local Court.

• Engagement with liquidators (if applicable)
  

General Information:

A money debt is a debt that has a relatively easily determinable dollar value. A money debt therefore excludes debts for compensation or personal injury as these things are difficult to give a dollar value. On the other hand, disputes about unpaid rent, unpaid loans, or services rendered or goods that have not been paid for are generally what is termed a “liquid debt”, meaning, you can fairly easily give that debt a dollar value.

When recovering a debt, it is important to have documentary evidence of the debt. There is no rule about what form this evidence can take, but of course, the better the document the better the evidence. That is why it is very important when entering into any agreement where there is money at stake that the agreement be put in some form of writing. While unwritten agreements are valid they rely on the goodwill of the contracting parties and are not advisable because of the lack of written evidence about the terms of the agreement. In local court, non-documentary evidence (i.e. witness statements) will generally not be heard and have very little effect.

Documents that may be of relevance include contracts for sale, loan agreements, lease agreements, invoices, receipts, delivery notes, side letters, acknowledgements of debt, IOUs and so on.

When recovering a debt it may be possible to come to arrangements outside of the court system to recover the debt, however, if attempts at this fail, then in order to recover the debt, it is necessary to obtain a court judgement against the debtor. An agreement, even if in writing, can not be enforced without obtaining a court judgement.

When defending a debt dispute, you would want to avoid having a judgement taken against you. It is only in rare circumstances that a court will set aside a judgement. Judgements not only allow a debtor to enforce a warrant of execution – that is, be allowed onto your premises or home to remove items that can be sold to recover the debtor’s debt – but also can affect your credit rating and in more serious cases can lead to a creditor making or joining an application for your bankruptcy and, where applicable, the liquidation of your business which will have severe financial and personal consequences for you.