Buying a Property

Debt Recovery

What Happens in debt recovery court proceedings in NSW?

Debt recovery court proceedings in New South Wales (NSW) are a legal process for businesses and individuals to recover unpaid debts from debtors. If you are owed money by a debtor and have exhausted all other options for recovering the debt, you may need to take legal action through the NSW court system.

How can we assist you in debt recovery court proceedings?

  • 1.

    Assessing the Debt The first step in the debt recovery process is assessing the debt and your right to claim the debt. We help you to confirm the amount of debt owed, the debtor's identity, and their location. We also evaluate the strength of the case, ensuring that you have a viable legal claim against the debtor.

  • 2.

    Preparing the Claim Once the debt has been assessed, the next step is to prepare the claim. This includes drafting the necessary legal documents, such as letters of demand, court proceedings, and statutory demands. We can provide you with comprehensive advice on the most appropriate legal action to take in a particular case and can prepare and file the relevant legal documents on your behalf.

  • 3.

    Mediation and Negotiation In many cases, you may be able to recover your debts without the need for formal court proceedings. Mediation and negotiation can be an effective alternative to litigation, saving both time and money. We can help you negotiate with the debtor, attempting to reach a mutually beneficial settlement that avoids the need for litigation.

  • 4.

    Court Proceedings If mediation and negotiation are unsuccessful, court proceedings may be necessary to recover the debt. We can represent you in NSW in court proceedings, ensuring that you are fully informed of your legal rights and obligations throughout the process. We will help you identify the right court to start you proceedings in, and will provide effective legal representation, presenting the case in a clear and concise manner to the court.

  • 5.

    Enforcement of Judgments If the court rules in favour of you, it will issue a judgment in your favour. However, this does not necessarily mean that the debt will be paid. You are then required to enforce the court judgments, ensuring that the debtor complies with the court's orders and that the debt is recovered in full.

At Biz Lawyers and Advisory, we are committed to helping businesses in NSW recover outstanding debts through our debt recovery services. Our team of experienced lawyers have in-depth knowledge of the legal system and debt recovery procedures, and we can assist you in pursuing legal action against debtors who owe your business money.

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