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Our Basic Debt Collection procedure/instruction sheet
As will be obvious from this document all communications must be via email and any assistance over and above the processing as set out below ( i.e. negotiations/discussions with debtor or debtors solicitor will be charged at our usual rates
Your instructions:
Your instructions to commence a debt recovery must be on the forms mentioned in the following paragraph.
Forms giving us your details and debtor detail forms ( C & D) can be located on this site under "DOCUMENTS" and down loaded. They must then be completed in every respect & sent to us via email ( soft copy only) to
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Client completes and returns via email client information form and debtor detail form via email (soft copy only)
Letter of demand:
We send letter of demand
We will advise if payment received.
We email client
“re your claim against ……..letter of demand sent. If you are not paid and you wish to proceed to a statement of Claim, you must send a cheque for $ made payable to the Ryde Local Court” and cheque made payable to this firm for $.... for processing fees
Ten days after the letter of demand, the client should send us an email stating,
“re my /our claim against ………..10 days have elapsed, yet I haven’t been paid, I do not wish to proceed.” Or
“re my /our claim against 10 days have elapsed and I have been paid, and do not want to proceed.” Or
“re my /our claim against …………10 days have elapsed and I haven’t been paid, and I wish to proceed with the Statement of Claim. My cheque for $ will be forwarded to cover filing and processing fees.”
Statutory Demand /Winding up Notice (where the debtor is a company)
We will prepare and send the documents to you as an attachment to an email
“please find attached a Statutory Demand and accompanying Affidavit. Please swear the affidavit and return both the demand and the Affidavit ,by post”
We will make a company search to obtain the registered Office of the Debtor Company and the serve The Statutory Demand.
The letter to the registered office reads;
“We enclose statutory demand by way of service.”
We will advise if payment received.
Statement of Claim
We prepare file and serve the statement of claim and
“we advise; that the Statement of Claim has been served If you are not paid and you wish to proceed to Judgment, you must send a cheque for $.... for processing fees
We will advise if payment received.
After 30 days, client is to advise:
“re my /our claim I note the Statement of Claim has been served, yet I have not yet been paid. I do not wish to proceed.” Or
“re my /our claim I note that 30 days have expired since the service of the Statement of Claim. I have been paid my/our claim and your costs/without your costs. I will send a cheque for your costs.” Or
“re my /our claim I note that 30 days have expired since the service of the Statement of Claim. I have been paid my/our claim however your costs on the summons have no been paid.” Or
“re my /our claim Thirty days have expired since the service of your Statement of Claim and I have not been paid. Please proceed to Judgment.” I/We enclose a cheque for $ made payable to the Ryde Local Court” and cheque made payable to this firm for $.... for processing fees
Notice of Motion for Default Judgment and Affidavit in Support
We Prepare Notice of Motion and Affidavit in Support and send email to our client attaching:
“We enclose herewith Notice of Motion for Default Judgment together with Affidavit in Support of Notice of Motion. Please complete and swear and return by post to this office.”
Once Judgment is received from Court, write client:
“We have obtained Judgment for this matter. Please contact DAB regarding manner of execution.”
ANY CLIENT COMMUNICATIONS’ /PLANNING WITH DEBTOR
You must advise via email any discussions with the debtor
YOUR RESPONSIBILITY
It is your responsibility to instruct us to take any matter to the next step; for example:
1. Our letter of demand offers 10 days within which to pay. It will be your responsibility to request, on the 11th day or thereafter, any further action or to advise any payment.
2. A Statement of Claim, when issued, normally takes up to 30 days before it becomes ripe for Judgment. It will be your responsibility to request, on the 31st day or thereafter, any further action or advise any payment.
As to when Judgment has been obtained, which should be some 2 weeks after you have signed the relevant Judgment documents, you should contact David Brown to discuss the best method of executing the Judgment
3. If you receive payment from a debtor you must apply moneys received firstly in payment of our scale fees which will be notified to you upon request.
PROCESSING FEES (add GST)
Letter of Demand - Debt over $ 25.00
NSW Local Court - Statement Of Claim $50.00
NSW Local Court - Notice of Motion - Default Judgment $60.00
NSW Local Court - Examination Notice y $30.00
NSW Local Court - Notice of Motion - Examination Order $30.00
NSW Local Court - Notice of Motion - Garnishee Order for Debts
NSW Local Court - Notice of Motion - Garnishee Order $ 30:00
NSW Local Court - Notice of Motion - Writ Levy of Property $30:00
NSW Local Court - Notice of Motion - Warrant for Arrest $30.00
Installment payment agreements $100.00
Bankruptcy Notice Price on application
Winding up notice Price on application
It is advisable and will accelerate the process if the client provides a float, to be topped up from time to time to cover such things a search fees. The volume of work referred will determine the size of the float
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