Debt Recovery In NSW
Every business owner has had to deal with outstanding invoices. Customers who simply don’t pay their bills, and it doesn’t look like they ever will. That’s when you need debt collection.
Debt collection can be a big headache. It can distract you from operating your business well, and keep you from getting the revenue you deserve. And solving debt collection challenges can be tricky without the right advice.
How We Help with Debt Collection
How you approach the debt recovery process will depend on the individual circumstances. As Sydney debt recovery lawyers, we’re on hand to help you implement the right debt recovery procedure when you haven’t been paid money rightfully owed to you. Better yet, we’ll take over the headache and stress of debt recovery by overseeing the debt collection process.
General tips for debt recovery from experienced debt recovery lawyers Sydney:
- Don’t leave ‘old’ debts hanging around for too long. There’s a six-year time limit on commencing debt recovery court action.
- Don’t ignore a debtor who disputes their invoice. Engage with their issues. A debtor with a genuine grievance about the goods or services involved will be far more motivated to take legal action against your business.
- Collect information verifying that the goods and services invoiced were supplied to the customer. Ensure that you show they were of the type, description, quality and price agreed to.
- Retain a copy of your business supply T&Cs or of the contract between you and the customer. Be sure to consult your debt recovery lawyer to update your supply contract terms regularly.
- Collect proof that the customer agreed to your supply T&Cs. This will usually be a signed contract. It could also be the customer’s acceptance of your online T&Cs when they placed their order.
- When a customer doesn’t dispute the debt, but can’t pay, agree on a payment instalment plan. As debt recovery lawyers Sydney, we can help you set that up. And we can help you obtain a signed admission of debt from the debtor as part of that plan.
- Get legal advice before starting debt recovery proceedings in the courts. This will allow you to assess whether the costs and time involved will be worthwhile in the circumstances.
- Don’t hesitate to contact a debt recovery law firm like SBL. We can provide initial advice and step in and manage the process for you. This is especially important if the customer says they won’t pay an invoice due to:
A. Non-supply of goods.
B. Faulty goods.
C. Other problems with those goods or services.
D. A dispute about the amount owing.
Defending a Baseless Debt Collection Action
At some point in your business lifetime, you may be chased by a supplier to pay an invoice that isn’t valid. This may see you having to defend against a baseless debt collection action.
At Stevensen Business Lawyers, we are experienced debt recovery lawyers Sydney and nationwide. Wherever you’re located, we can help you defend against this type of action. And ensure that it doesn’t negatively impact your business outcomes and future.
GET IN TOUCH
Contact us to discuss your next step in debt collection. We can help you take the steps to get what is owed to you. And help protect your interests from baseless actions. In all situations, we will identify the debt recovery process most likely to maximise returns to you – and then vigorously prosecute that process for you.
Frequently Asked Questions
It can be frustrating if you have obtained a default judgment or other court judgment against the debtor, and still have received no response or recovered the money owing to you. We can advise on seeking the bankruptcy of an individual debtor or the winding up of a company debtor through a Creditor’s Statutory Demand for Debt or other practical debt recovery solutions.
Avoiding bankruptcy and its consequences for an individual (outlined by the Australian Financial Security Authority or AFSA), particularly the disqualification of a bankrupt (by ASIC) from being a company director, can be motivation enough for some individual debtors to negotiate a payment plan for the debt owing.
As a creditor, you would need to decide if debt recovery action is worth pursuing against a debtor if the debtor is insolvent, or does not have sufficient recoverable assets, or already has several other unpaid creditors. You will also need to consider the costs of debt recovery proceedings versus the likely return.
If you are a customer of a business who has had a default judgment recorded against you for a debt or invoice you dispute or didn’t know about, get in touch with us quickly. If you act fast, we can advise on alternatives. This might be negotiating a settlement on your behalf with your creditor or filing an application in the court to set aside the default judgment.