Debt Recovery Letters Bundle

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.  

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.

Debt Recovery Bundle 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 Debtor – judgment obtained.

Letter to client advising judgement 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

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.