Debt Recovery

Freedman & Gopalan Solicitors assists businesses, companies and individuals with the recovery of unpaid debts. Where direct communication has not resulted in payment, timely legal action may help protect your position and improve the prospects of recovery as well as preserve relationships.

Our debt recovery services include:

1. assessing the debt and supporting documentation;
2. preparing and issuing letters of demand;
3. negotiating payment arrangements and settlements;
4. commencing court proceedings where appropriate;
5. obtaining default judgment or judgment following a defended hearing; and
6. advising on enforcement options after judgment.

We act in debt recovery matters before courts exercising State and Federal jurisdiction, subject to the nature, value and location of the claim.

Letters of Demand

A formal letter of demand may be an effective first step before proceedings are commenced. It identifies the amount claimed, the basis of the debt and the deadline for payment. If payment is not received, we can advise on the available options, likely costs and commercial merits of further action.

Court Proceedings and Enforcement

Where proceedings in New South Wales are appropriate, claims may be commenced in the relevant court or tribunal. Civil claims within the Local Court’s jurisdiction are generally allocated as follows:

1. claims up to $20,000 may be dealt with in the Small Claims Division; and
2. claims above $20,000 and up to $100,000 may be dealt with in the General Division.

The appropriate forum depends on the amount claimed, the parties’ locations, the contractual arrangements and the issues in dispute.

After judgment is obtained, enforcement options may include:

1. a writ for the levy of property;
2. a garnishee order;
3. an examination order;
4. an instalment arrangement; or
5. insolvency-related action, where legally and commercially appropriate.

Recovery is not guaranteed, and the debtor’s financial position should be considered before substantial enforcement costs are incurred.

Bankruptcy, Insolvency and Liquidation

We also act in matters involving corporate insolvency, liquidation and personal bankruptcy. Our services include:

1. advising creditors, liquidators and trustees;
2. pursuing recoverable assets and outstanding debts;
3. examining potential breaches of directors’ duties;
4. obtaining and enforcing judgments; and
5. negotiating settlements.

Freedman and Gopalan operates with care, confidentiality, efficiency and speed – attributes essential in ensuring that your debt is recovered. Enquire now to receive a quote.

We can, of course, take you through our processes and methods in detail once you make contact with us.

We look forward to being of assistance to you, and recovering the outstanding debt owed to you.