Gregg Lawyers Pty Ltd Debt Recovery and Insolvency manages the debt collection process from the issuing of a Letter of Demand to filing a Claim and obtaining Judgment. We will also advise you on the most efficient way of enforcing the Judgment. Our advice and involvement is designed to ensure that the recovery process is expedited with the minimal of delay.
Commencing an action / Service of the Claim
Your first step, after the Letter of Demand, would be to file a Statement of Claim detailing the parties, the facts and the amount due.
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 (including costs and interest).
Enforcement of the judgment
To recover the amount due and owing under the judgment, you may:
- Request for a Warrant for Seizure of property (goods) 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 where the Bailiff can then sell same by public auction;
- Request for a Warrant of Redirection (attachment of wages, bank account or third party debt);
- Request for an Enforcement Hearing Summons (be it for an individual or company Director) to establish the current financial position, including income/outgoings, assets and liabilities for all individual and corporate debtors;
- Proceed with Bankruptcy proceedings against the Judgment Debtor in the case of individuals, or Winding Up in the case of a company.