DEBT RECOVERY BUNDLE
Crafted by legal professionals in Australia, our documents are not only legally sound but also easily customisable to suit your needs.
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At a Glance
Debt Recovery Bundle — For Legal Practitioners
The first key to successful debt recovery is a well-worded letter of demand. This initial letter establishes that the debtor is seriously overdue, foreshadowing that the matter may be escalated if payment is not made. Following that, a formal demand from the practitioner’s office serves to put legal pressure and preserve evidence.
Before recommending debt recovery, ask these questions to determine whether the debt is really recoverable under common law: Was there a contract—verbal or written? Were goods or services supplied or valuable consideration exchanged? Was an invoice properly issued? Often, issuing an invoice (and if required, a tax invoice) is a vital legal step. If not done correctly, a claim may be compromised.
Our Debt Recovery Bundle provides expertly crafted precedent documents tailored for Australian law. Included are demand letters, templates for formal notices, and checklists to help you assess recoverability. Every precedent is drafted with up-to-date legal accuracy to assist you in saving time, reducing risk, and enforcing your claims effectively.
INCLUDES
Checklist
An updated checklist includes points on what to cover before granting credit to determine if the client is creditworthy or if the debt is recoverable. These will assist in advising clients and will serve as a reminder to the practitioner on what to look out for when assessing the credit worthyness of new clients (and reassessing existing clients).
Letter of Demand 1
An initial letter of demand that is polite and assumes there may have been an oversight in not paying. Allows 7 days for payment.
Letter of Demand 2
A more threatening letter that mentions legal proceedings and gives 7 days to pay.
Letter of Demand 3
Gives a further 7 days to pay before proceedings are commenced. Outline costs of proceedings and that these may be added to the debt.
Statement of Liquidated Claim
The UCPR form into which the various forms of pleading may be included.
Statement of Claim interest calculator
An excel spreadsheet that calculates interest. Enter two dates and an interest rate. The calculator will work out the interest between those dates and the amount of interest per day.
Form 1
Form required to be affixed to the Statement of Claim when served outside NSW.
Pleading – claim for work done
Pleading under a simple contract where work has been done and invoiced but not paid.
Pleading – Finance Company
Recovery of Personal Loan made by Finance Company.
Letter to process server
Letter enclosing Statement of Claim with instructions to locate debtor and serve documents.
Letter serving statement of claim
A brief covering letter for service of statement of claim on individual or company.
Notice of Motion – Default Judgment for Liquidated Claim
Form 38 Notice of Motion Default Judgment for Liquidated Claim NSW Uniform Civil Procedure Rules (UCPR 16.3, 16.6) is used in civil proceedings in the Supreme, District and Local Courts.
Notice of Motion – Default Judgement for Unliquidated Damages
Form 39 Notice of Motion Default Judgment for Unliquidated Damages NSW Uniform Civil Procedure Rules (UCPR 16.3, 16.7) is used in civil proceedings in the Supreme, District and Local Courts.
Letter to Debtor – judgement obtained
Letter to client advising judgment entered.
Notice of intention to file notice of ceasing to act
UCPR form required by the Local Court to be filed and served before a solicitor may file a Notice of Ceasing to Act
UCPR form required by the Local Court to be filed and served before a solicitor may cease to act for a client.
Disclaimer
The commentary that follows and the associated precedents do not constitute legal advice and are general in nature. There is no solicitor / client relationship between the recipient of this material and Precedents Online, or the author. Courts and Tribunals continually change their prescribed documents, practice and procedure. You should check with the relevant Court, Tribunal or Authority to determine whether your documentation is current and appropriate for your purpose. Neither Precedents Online, nor the authors are responsible for the outcome of any court proceeding or process in which the precedents you have purchased are used. You should satisfy yourself that you are using the appropriate practice, procedure and documentation or seek the advice of a qualified solicitor or barrister to advise you.
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