Debt Recovery
Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
Recovering Money Owed to You
Unpaid invoices and loans affect your cash flow and, left unattended, can become harder to recover as time passes. Recovering a debt is usually a matter of applying pressure in the right order, starting with a clear demand and escalating only where necessary.
Initial Assessment of the Debt
Before any letter is sent, we look at the underlying agreement, invoices and any dispute the debtor has raised, along with what is known about their ability to pay. This shapes whether recovery is commercially worthwhile.
Letters of Demand
A properly drafted letter of demand sets out the debt, the basis for it and the consequences of non-payment. Many debts are paid at this stage without the need for proceedings.
Options, Costs and Enforcement
Negotiated Payment Arrangements
Where a debtor cannot pay in full, a structured payment arrangement or a negotiated settlement can achieve a better commercial outcome than pursuing the full amount through court.
Commencing Proceedings or Defending a Dispute
If the debt remains unpaid, proceedings can be commenced in the Local, District or Supreme Court depending on the amount involved. Where the debtor genuinely disputes the debt, over quality, amount or terms, the matter is treated as a contested claim and defended or pursued on that basis.
Judgment and Enforcement Options
Obtaining judgment is not the same as being paid. Enforcement options include examination of the debtor's financial position, garnishee orders and writs against property, and the right option depends on what the debtor owns or earns.
Costs and Commercial Sense
The cost of recovery should always be weighed against the amount owed and the debtor's likely capacity to pay. We give a candid view of whether pursuing a debt makes commercial sense before costs are incurred.
Our process
How a matter of this kind moves from first contact to outcome.
Review the Debt
We assess the underlying agreement, invoices and the debtor's circumstances.
Issue a Letter of Demand
A clear demand setting out the debt and the consequences of non-payment.
Negotiate Resolution
We pursue payment or a workable arrangement without the cost of proceedings.
Commence Proceedings
Where necessary, we file a claim in the appropriate court.
Obtain Judgment
The court determines the claim or enters judgment where it is undefended.
Enforce Payment
We pursue enforcement options suited to the debtor's assets and income.
How Shah & Co Lawyers can assist
We help creditors and debtors alike weigh the commercial reality of a debt before committing to a course of action.
Letters of Demand
Firm, properly drafted demands that often resolve debts without proceedings.
Recovery Advice
An honest view of the prospects of recovery before you commit to costs.
Court Proceedings
Claims filed and progressed in the Local, District or Supreme Court.
Defending Disputed Debts
Advice and representation where a debt is genuinely in dispute.
Judgment Enforcement
Garnishee orders, writs and examination of the debtor's position.
Payment Arrangements
Negotiated repayment plans and settlement documentation.
When recovery action makes sense
- The debt is properly documented and clearly owed.
- The debtor has identifiable assets or income to enforce against.
- Informal follow up has not produced payment.
- The amount owed justifies the cost of formal recovery steps.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
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Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Learn moreGet advice about recovering money owed to you.
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