At Gregg Lawyers Pty Ltd Debt Recovery and Insolvency we are able to assist you with all debt recovery matters and advise you on the best method of enforcement to avoid unnecessary costs.
Commencing an action / Service of the Claim
Your first step would be to file a Statement of Claim detailing the parties, the facts and the amount due. The Statement of Claim must be served on the defendant.
After service of the Statement of Claim
After being served with the Statement of Claim, the Defendant’s options are as follows:
- Resolve the matter by paying the amount of the Claim together with cost and interest;
- Contest the matter;
- Fail or neglect to file a Defence within 28 days from the date of service of the Statement of claim. This would entitle the Plaintiff to a decree of default judgment against the Defendant for the sum stated in the Statement of Claim.
Enforcement of the judgment
To recover the amount due and owing under the judgment, you may:
- Request for a writ of levy on property whereby the Bailiff will attend the property of the Judgment Debtor and seize the assets of the Judgment Debtor;
- Request for a writ on title against land owned by the Judgment Debtor;
- Request for a garnishee order addressed to the Judgment Debtor’s employer, credit unions or other parties that holds or owes the judgment debtor monies;
- Request for an examination summons if the Judgment Debtor’s financial position is unavailable. The Judgment debtor, upon service of the summons, will be required to attend the appropriate court to be examined by the Judgment Creditor regarding his/her financial position; or
- Proceed with bankruptcy proceedings against the Judgment Debtor in the case of individuals or winding up in the case of a company if the debt is over $2,000.00