Debt Recovery Basics for Business

  1. Send a Letter of Demand to the debtor setting out the amount of money outstanding and giving the debtor say seven (7) days within which to make payment or face legal action.
  2. The debtor has the right to dispute the debt.
  3. Proceedings for small debts (less than $10,000) are dealt with in the Local Court. Proceedings start with filing a document called a Statement of Liquidated Claim which sets out the amount claimed including Court costs, Solicitor costs and interest.
  4. The Claim is then served on the debtor. The debtor has twenty eight (28) days within which to file a Defence. If no Defence is filed, the creditor can enter Default Judgment, to recover all the money and costs.
  5. Thereafter, a Writ can issue from the Court, so that the Sheriff can seize the debtors goods and sell them to satisfy the Judgment.