Debt Recovery Law
Have you sold goods or provided services in accordance with a Contract, or previous arrangement, invoiced for your goods sold or services provided, waited so long for payment, only to learn that the debtor does not intend to pay you? Have you provided moneys to anybody, or are you owed moneys by anybody or any company or legal entity, who simply refuses to pay you? If so, we are able to assist you to try and recover such unpaid debts in a very economic fashion, subject to the following conditions:
1. The costs indicated in Stages 1 and 2 below only apply to circumstances where the liability of the debtor to pay the debt is based on a defined contract or arrangement pursuant to which the debtor has been invoiced by you - and the debtor does not dispute the invoice, or has admitted liability; and
2. The costs set out in Stages 1 and 2 below are only attributable to debt recovery matters where we are not required to analyse complex issues as to whether or not there is an enforceable Contract or any other issues that might affect the question of Liability. If we decide or form the view that the matter is complex and requires a detailed legal analysis, then we may or may not, in our absolute discretion, decide to agree to perform our services at the fixed charges set out in Stages 1 and 2 below. If we decide not to charge at the fixed rates set out below, then we will charge at our normal hourly rates.
The above said, our Debt Collection Services are very competitive.
Stage 1 - Letters of Demand
We will write a letter of demand on your behalf, requesting payment of the debt. Such a letter will be likely to assist you in any future Court Action (if the matter gets to that point), in order to prove your reasonableness in requesting payment and to protect your costs position. Our costs for performing Stage 1 services are $ 100.00 plus GST.
Stage 2 - Non-Defended Court Proceedings
Assuming Stage 1 is unsuccessful, you may wish to go to the next stage and file proceedings in the Local Court of NSW or the District Court or Supreme Court of New South Wales. For preparing a Statement of Claim to be filed with the relevant Court, we will charge you fixed costs as follows (these costs exclude disbursements):-
Commencing proceedings
| Debt Value | Navado Lawyers & Solicitors Costs |
| $ 0 to $ 10,000.00 | $ 500.00 plus GST |
| $ 10,000.00 to $ 60,000 | $ 1,000.00 plus GST |
| $ 60,000.00 plus | $ 2,000.00 plus GST |
Filing for Default Judgment & Sheriff Execution of Judgment
After your Statement of Claim is served, the defendant usually has a fixed time period (usually, but not always, 28 days) during which to file a defence to the claim. In some (but not all) circumstances where the Defendant has not filed a Defence to your claim, you might be able to apply for Default Judgment (Court judgment in your favour by the simple reason of the fact that the Defendant has failed to file a defence). If it is the case that you can proceed to obtain Judgment, then for a fixed cost as follows (such cost excluding disbursements), we will prepare the documents required to obtain Default Judgment, as well as an Application to have the Sheriff attend at the premises of the Defendant and attempt to execute the Judgment (by seizing the goods of the defendant and selling the goods in an Auction):
| Debt Value | Navado Lawyers & Solicitors Costs |
| $ 0 to $ 10,000.00 | $ 500.00 plus GST |
| $ 10,000.00 to 60,00.00 | $ 1,000.00 plus GST |
| $ 40,000.00 plus | $ 2,000.00 plus GST |
Stage 3 - Defended Court proceedings & other recovery services
The above costs are premised on Conditions 1 and 2, set out above. Of course, there will be some circumstances where we are of the view that the matter will require complex legal analysis and opinion, at which stage we will be happy to provide you with that opinion at an hourly rate. Alternatively, if you start proceedings and the Defendant intends to defend the proceedings, then we will be able to continue to try and pursue your claim, through the Courts, to the very end, provided that our hourly Commercial Litigation rate will apply. Apart from enforcing Judgment and having the Sheriff attend at the premises of the Defendant, there are some other Judgment enforcement options available, which we will be happy to discuss with you at the hourly rate. These include, for example, Examination of Judgment Debtor in Courts.
If you require any assistance with Debt Collection Services (Debt Recovery Law), please contact our firm and ask to speak with a Solicitor.
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