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The appropriate approach depends on the evidence, amount involved, identity of the debtor and whether the debt is disputed. Our services may include:
• Reviewing agreements, invoices, account statements, messages and payment records
• Preparing and issuing a letter of demand
• Negotiating payment or settlement arrangements
• Commencing civil proceedings to recover unpaid sums
• Advising on enforcement procedures after judgment
If you or your business has received a letter of demand, writ or statement of claim, do not ignore any deadline stated in the document. We can review the claim and supporting documents, advise on any available response or defence, assist with settlement discussions and provide representation in court where appropriate.
Where available, prepare:
• Agreements, quotations, purchase orders, invoices, delivery orders or account statements
• Bank transfer records, receipts or other proof of payment
• Emails, WhatsApp messages or other communications about the debt
• The debtor’s or claimant’s full name, company details and available address
• A short timeline showing when the payment became due and any partial payments made
• Any letter of demand, writ, statement of claim or court order already received
Not in every case. A letter of demand is often useful because it states the amount claimed, gives the other party an opportunity to pay or respond, and may lead to settlement without court proceedings. However, the agreement or applicable law may require a particular notice before action is taken, so the documents should be reviewed first.
The creditor may consider commencing a civil claim. Before filing, it is important to assess the available evidence, the correct party to sue, the amount recoverable, any applicable time limit and whether the likely cost of proceedings is proportionate to the debt.
No. If the judgment debtor does not comply with the judgment, further enforcement may be required. Depending on the available information and assets, possible procedures include a Judgment Debtor Summons, Garnishee Proceedings or a Writ of Seizure and Sale.