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Debt Recovery

DEBT RECOVERY LAWYERS, SYDNEY

Stephen Wawn & Associates can assist both debtors and creditors in all aspects of debt recovery and negotiation. Our debt recovery lawyers in Sydney are experienced in commencing proceedings, obtaining and enforcing a judgment and negotiating with debtors or defending disputed debt claims.

LITIGATION DEBT RECOVERY SERVICES

Our debt recovery lawyers can provide legal advice and act as your representative in litigation for a debt-related matter in a Tribunal or the Local Court, District Court of NSW, or Supreme Court of NSW. 

We are a law firm, not a debt collection agency. If your efforts to recover debt have been unsuccessful Stephen Wawn & Associates can assist you in litigation.

RECOVERY OF DEBTS

We can assist in recovering any debt owed to you, including small & large debts, secured & unsecured debts. We will provide you with advice on the most cost-effective way to recover what is owed to you.

  • Commercial Debt Recovery

Whether you are a small business or a large corporation, dealing with commercial debt can be challenging. Our commercial debt recovery experts are well-versed in the intricacies of the corporate world and can effectively recover outstanding payments, maintaining your business relationships intact.

  • Business Debt Recovery

Unpaid invoices and delinquent accounts can severely impact the cash flow of any business. Our specialised team of business debt recovery lawyers works diligently to recover your debts promptly, allowing you to stay focused on running your company smoothly.

STATEMENTS OF CLAIM

In some cases, it becomes necessary to commence legal proceedings to recover a debt. Our team are very experienced in preparing statements of claim and obtaining a judgment that can be enforced against debtors in a cost-effective and timely manner.

ENFORCEMENT

Obtaining a Court order or judgment against a debtor is not always the end of the story. Our team can assist you in enforcing a Court order or judgment and recovery of the money owed through the Court process and other collection methods.

BANKRUPTCY

If you are owed a debt by an individual who has failed to pay, you may be able to commence a bankruptcy process against them. The process includes issuing a Bankruptcy Notice to the person and can result in a third party managing their assets to pay your debt.

STATUTORY DEMANDS

If a company owes a creditor a debt, that creditor may issue a statutory demand on the company. If a company does not pay the debt or negotiate the debt, the company will be deemed insolvent and may be wound up. Our team can assist creditors and companies with issuing or negotiating a statutory demand. Incorrectly issuing a statutory demand or ignoring it can have severe consequences for both the creditor and the company.

DEBT ENFORCEMENT PROCESS

Our debt recovery lawyers in Sydney are well-versed in the legal framework surrounding debt disputes in NSW to assist you in having a smooth and efficient recovery process. 

Here’s an overview of the typical debt enforcement process:

  1. Issuing a Letter of Demand: The first step in debt recovery is sending a formal Letter of Demand to the debtor, clearly stating the amount owed and providing a deadline for payment.

  2. Negotiation and Settlement: If the debtor responds, our lawyers will engage in negotiations to reach a mutually acceptable settlement. We always strive to find the best possible outcome for our clients.

  3. Commencing Legal Proceedings: In case of non-response or refusal to pay, we may proceed with initiating legal action, seeking court orders to recover the debt.

  4. Enforcement of Court Orders: If successful in court, we will assist you in enforcing the court orders and recovering the debt owed.

  5. Bankruptcy: In an extreme case, a debtor might be unable to repay their debts. They might file for bankruptcy, in which case a third party oversees repaying your debts through their assets.

Book a Free Discussion on your Debt Recovery Matter

Stephen Wawn & Associates is your reliable partner for debt recovery in Sydney. Our team of expert lawyers is dedicated to providing you with effective, tailored solutions to recover your outstanding debts promptly. Don’t let unpaid debts burden your business any longer. 

Contact us today and let us help you reclaim what is rightfully yours.

Frequently Asked Questions (FAQs)

What Types of Debts can be Recovered Through Legal Means?

Legal debt recovery can be pursued for various types of unpaid debts, including outstanding invoices, loans, credit card debts, auto loans, business debts, unpaid rent, medical bills, judgement debts, mortgage arrears, alimony, personal debts, and contractual obligations.

Can I Handle Debt Recovery on my Own Without Legal Assistance?

While it is possible to attempt debt recovery without legal assistance, engaging a debt recovery law firm significantly increases your chances of success. If you have been unsuccessful in recovering debts by yourself or with a debt collection agency, then the next step is litigation where only debt recovery lawyers can help. Professional legal representation can also help navigate complex legal procedures and increase the likelihood of recovering the debt promptly.

What if the Debtor has Moved or Cannot be Located?

Locating a debtor who has moved or is hard to find can be challenging. However, our team employs various tools and resources to locate debtors and initiate the recovery process.

How Long Does the Debt Recovery Process Usually Take?

The timeline for debt recovery can vary depending on the complexity of the case, debtor cooperation, and court processes. However, our team works diligently to expedite the process as much as possible through a proactive approach and using the latest technology to streamline paperwork.

Can I Recover the Legal Costs Incurred During Debt Recovery?

In many cases, successful creditors can recover their legal costs from the debtor. However, this is subject to the court’s discretion.

Is Mediation an Option for Debt Recovery?

Yes, mediation can be an effective alternative option for dispute resolution. Our lawyers are skilled in mediation techniques and can help facilitate a resolution outside of court.

Is there a Statute of Limitations for Debt Recovery in New South Wales?

Yes, there is a statute of limitations that restricts the time within which a creditor can pursue legal action for debt recovery. The statute of limitations in NSW defined by the Limitation Act 1969 is six years from the date the debt became due.

Let us help you!

If you need any help, please feel free to contact us. We will get back to you. Or if in hurry, just call us now.

Call : (02) 9328 1000

office@stephenwawn.com.au Mon – Fri 09:00-17:00

Contact us now

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Disclaimer

No part of these notes can be regarded as legal advice. Although all care has been taken in preparing all notes, readers must not alter their position or refrain from doing so in reliance on any of these notes. Stephen Wawn & Associates do not accept or undertake any duty of care to readers relating to any of these notes. All inquiries should be directed to Stephen Wawn & Associates.