How Our Debt Collection Officers Work
Unless otherwise instructed by you, upon receipt of your account for collection, we will appoint a Debt Collection Officer who will immediately make contact with your debtor by telephone to obtain payment or an acceptable payment arrangement by installments.
1. Debt Collection Help Demand Letter – We will then issue our Letter of Demand for payment within seven days or letter of arrangement after discussion with your debtor. We will also follow up with telephone calls to the debtor to arrange collection of the debt in full or make a firm arrangement for the repayment of the debt.
Of course, should you wish us to immediately issue a payment claim or statement of claim and waive the letter of demand, or alternatively not take any legal action at all these instructions will be efficiently carried out on your behalf.
2. Solicitors or Second Letter of Demand Letter – At the expiry of the first letter of demand, we will firstly attempt to contact your debtor again further demanding payment on your behalf then we will issue a solicitors letter of demand advising your debtor further action, will be taken, if the matter is not resolved. If you have elected the Standard Recovery of your debt a second letter of demand will be sent to your debtor advising the urgency of the matter and the repercussions if the demand is not met.
3. Field Call (optional) – where we think it viable in some cases we will make face-to-face contact with your debtor, to emphasise the urgency of the matter. We find this personal touch often produces positive results, which, would not normally be obtained, in the early stages of collection.
4. Legal Action Conversation – If the debtor fails to respond we will contact the debtor again demanding payment advising the debtor we will initiate legal action if a suitable payment arrangement is not made. Failure to obtain any arrangement will result in us commencing Litigation on you behalf.
Statement of Claim – The Statement of Claim is the first step in initiating legal action on your behalf. Once we have served your debtor they will have 28 days to respond.
5. Judgment – In the absence of any response within the statutory 28 days after service of a summons on your debtor, we will then file for judgment, including any accrued interest allowed at the Supreme Court rate and issue the appropriate proceedings to maximise the recovery of your debt via the court system.
6. Enforcement Action – for Levy of Goods or Property. The Sheriff will attend the debtor’s premises and attempt to seize any assets the debtor may own. If the debt is not then satisfied within 14 days the Sheriff can direct to have these goods sold at auction at a later date.
Writ against Title. If the Writ of Execution is unsuccessful this will stop your debtor selling or refinance any property unless they pay you in full.
7. Examination Summons – The debtor is ordered to appear before the Court to supply any documents and evidence of there finances and income including assets, shares, property and tax assessments. This enables us to ascertain the best avenue for recovery of your debt.
8. Garnishee of Wages or Bank Account – A Court Order is served upon the debtors Bank or employer whereby the recipient is ordered by law to deduct payments from the debtors account or salary.
9. Statutory Demand (Companies Only) – This is also called 459E Notice. It is the first step to winding up a company. It is a formal demand for payment which must be paid by your debtor within 21 days otherwise we can proceed to wind up.
10.Bankruptcy Notice (Individuals Only) – An application is made to the Insolvency and Trustee Services of Australia for the issue of a Bankruptcy Notice. This is the initial step in the Bankruptcy proceedings and is the same as a formal demand for payment on a company.
Creditors Petition (Companies Only) An application is made to the Federal Court to have the debtor declared Bankrupt and their finances placed in the hands of the Trustee.
The above is a general outline of our services and steps involved for debt recovery, we will take a proactive approach and are prepared to meet with you so we may get to know you and your business in order to advise you the best solution for your needs.
Remember that should we be able to add sufficient interest to your claim, this can often recover more than the amount of commission charged by our agency. This means your debt will be collected for free. No Commission is payable on collection of court costs and solicitor professional fees.