Is the debt recoverable? A client should be asked some basic questions to determine if a debt actually exists under general common law principles. That is, there should be a contract of some description if only a verbal agreement. Some goods or services supplied would have been supplied by the plaintiff (or other form of valuable consideration), and an invoice issued. The importance of issuing an invoice cannot be overlooked. Sometimes it is necessary to advise a client that they must properly issue a tax invoice before their money can be pursued further.
The first step in Debt Recovery is a well worded letter of demand. It is helpful to recommend a client issue a demand of their own. This puts the debtor on notice that they are seriously overdue and foreshadows the matter being passed to a solicitor. After the client’s demand a formal letter of demand should come from the solicitor’s office. The Debt Recovery bundle download includes three letters of demand and a Statement of Claim so you can take the matter to court if the debt is not paid. Included in the download:
Document Description for Debt Recovery Bundle
Checklist Debt Recovery
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 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 Judgment 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 – judgment obtained
Letter to Debtor – judgment obtained.
Letter to client advising judgment entered
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
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.
Debt Recovery Bundle
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