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Debt Recovery

Debt Recovery

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What our debt recovery lawyers can do for you

Debt recovery should be simple and straight forward, but it takes experience to achieve a positive result.

Our debt recovery lawyers have practiced extensively in this area and have developed specialised skill sets to increase your recoveries – often without the need for drawn out costly debt recovery litigation.

Our expertise, innovative costs structure and our firm’s ethical principles has seen our solicitors conducting debt recovery proceedings on behalf of:

  • Government agencies
  • Publicly listed companies
  • Schools
  • Local and regional councils
  • Small and large businesses.

As almost all matters are different, our debt recovery lawyers treat each matter separately. However, at the outset of many matters, similar issues are raised.

Once these are identified, our systems and precedents enable streamlined progress of files which brings cost efficiencies that are passed on to our clients.

UNSECURED DEBT RECOVERY SERVICES

We offer our clients timely and commercial advice and debt recovery services including:

  • Letters of demand
  • Commencing legal proceedings
  • Issuing statutory demands and obtaining orders for the appointment of liquidators to companies
  • Issuing bankruptcy notices and obtaining orders for the appointment of bankruptcy trustees to individuals
  • Enforcement warrants and enforcement hearings

SECURED DEBT RECOVERY

If your business operates credit accounts for your customers, a properly drafted credit application and personal guarantee can grant security over your customer’s assets, in particular, their land.

Unregistered interests can be protected by a caveat lodged over the title to any land of a defaulting customer. This prevents any dealings in relation to the land, such as a transfer or mortgage, being registered. Queensland has a peculiar system of lapsing caveats after three (3) months.

Charging clauses can provide a huge advantage over other creditors in getting paid as these securities usually take priority over a liquidator. They also assist in the recovery of costs and interest.

This fact sheet is for information only. It is recommended that you get legal advice about your situation.

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