Debt Collection Litigation

Frequently Asked Questions

Our team also has experience in pursuing debts and resolving the claim on terms acceptable to our clients or obtaining judgment against the debtor as quickly and efficiently as the litigation process allows. Hutchinson Legal can also assist you to resolve a debt dispute when you are sued for an incorrect amount or where the goods and/or services supplied did not meet the standard required in the contract.

What is the best way to take legal action against a company that owes me money?

The usual way is a letter of demand and then, if payment is not received, by issuing a Court proceeding. This could be in the Magistrates’ Court (for amounts up to $100,000), County Court, or Supreme Court. The defendant has between 10 and 21 days after service (depending on which Court) in which to pay or compromise the claim, or take steps to defend the proceeding. If the debt is not genuinely disputed, you could serve a statutory demand (and affidavit in support) on the registered office of the company. If they don’t pay or reach an agreement with you, or apply to set aside the demand, within 21 days the company is deemed to be insolvent and a Court Proceeding can then be commenced to wind up the company (without the impact of the COVID-19 laws).

Questions? Ask our Disputes & Litigation team.

Phillip Liberatore
Senior Lawyer
Disputes & Litigation
,
Employment
,
,
William Zhang
Associate
Disputes & Litigation
,
Commercial
,
Mandarin
,
Rod Veith
Lawyer
Employment
,
Disputes & Litigation
,
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03 9870 9870