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Resolve Your Debt Dispute

Our debt recovery lawyers understand the intricacies of the debt recovery process and help you achieve the best outcome possible.

Debt Recovery Lawyer

For many businesses getting paid for work or services completed can become quite a significant issue. Through our in-depth knowledge of debt recovery and various court procedures, our debt recovery lawyers can help you to develop a recovery plan to ensure you receive the money you are owed.

Get in Touch With Our Debt Recovery Lawyers In Perth Today

If you require legal assistance implementing a debt recovery plan or advice for matters involving a debt dispute, get in touch with the team of merger and acquisition lawyers at Laird Lawyers by calling (08) 6147 0865 today


Trading Terms & Invoices

Trading terms set out the rights and obligations agreed by both parties when entering into an agreement to provide goods or services. Trading terms are an important part of a contract and will provide the basis of your claim of breach of contractual terms. Therefore, it is important to ensure that trading terms are clearly stated and agreed upon to ensure the contract is legally binding.

Debt Recovery Process & Getting a Solicitor Involved

The process for debt recovery begins when an invoice becomes outstanding, and the debtor has failed to make payment. Generally, the first step will be to issue a letter of demand setting out the debt owed and the time frame for repayment before any further action is taken.

If the debtor is not cooperative (either paying the debt in full or entering into a payment plan), the next step is to get a debt recovery solicitor to initiate proceedings. The cost and process of debt recovery will be dependent on the amount of the debt owed:

a. if the debt is under $10,000, a Minor Case Claim can be brought in the Magistrates Court. A debt recovery lawyer cannot act in these claims unless a court grants permission, however, we can assist with the preparation and lodgement of various Court forms;

b. if the debt is between $10,000 and $75,000, a General Procedure Claim can be lodged with the Magistrates Court. In all claims above $10,000 a debt recovery lawyer prepare your claim and represent you in the matter;

c. if the debt is between $75,000 and $750,000 a claim may be brought in the District Court; and

d. where the debt exceeds $750,000 the claim will be heard in the Supreme Court.

After the initiation of the debt recovery process, generally one of the following will occur:

a. where the debtor fails to respond to the claim, the Court will award default judgment upon your application. This is where judgment is given in your favour without a trial;
b. a debtor may respond by admitting to the claim and offering to pay the debt; or
c. a debtor denies the claim which leads to further proceedings to either prove or disprove the existence of the debt. If they have no real defence, you may be able to apply for summary judgment