Money can be owed to an individual or a business for many reasons. There may be money owing for work performed. Alternatively money may have been lent which has yet to be repaid. There may also be money owing for damages or compensation, for example monies owing for damage to a vehicle following a motor accident.
Brydens Lawyers are experts in the pursuit of debt on behalf of individuals and businesses. We take conduct of the matter from the outset. Initially there will be a formal demand for payment of the monies within a specified time.
Failing payment of the monies due within that time then proceedings can be commenced. For debts up to $10,000 proceedings are filed in the Small Claims Division of the Local Court. For debts between $10,000 and $100,000 proceedings are brought in the General Claims Division of the Local Court. For debts over $100,000 and up to $750,000 proceedings are brought in the District Court of New South Wales.
Our experience is that most debt recovery matters do resolve by way of negotiation in the early stages of the proceedings where costs can be kept to a minimum. If however the matter is not resolved by way of negotiation then proceedings are prosecuted through the court system. Brydens are the experts in the prosecution of litigated debt recovery matters in all court jurisdictions.
Once the successful proceedings have been finalised a judgment is obtained in favour of our client. Thereafter there are many ways in which the judgment can be enforced.
A judgment can be enforced through Garnishee Orders or Writs. A garnishee order can attach to the debtor’s bank account to recover monies owing or alternatively can be served upon the debtor’s employer so that monies are removed from the debtor’s wages and paid to our client.
An alternative is to have the debtor declared bankrupt if the debt owed is at least $5,000. An application is made to the Federal Circuit Court or Federal Court. If the debtor is a company then an application can be made to the Supreme Court to have that company wound up.
Brydens Lawyers are the debt recovery experts. If you are owed money then Brydens Lawyers can assist. Contact Brydens Lawyers today.