Debt Recovery

Debt Recovery

For Plaintiffs

scales of justiceWe act for a range of small & medium sized business clients as well as undertaking the Victorian debt recovery work for a major interstate finance company.

We have a team of Litigation Lawyers with over 20 years experience.

If you are faced with bad debts, we can assist in the recovery process and are experienced in all courts.

We undertake all aspects of Debt recovery from:-

  • General negotiations
  • Initial Complaints to Judgment
  • Statutory Demands
  • Substituted Service/Warrants of Apprehension
  • Warrants of Possession
  • Seizure & Sale of Property
  • Attachment of Earnings Orders
  • Charging Orders imposed over securities
  • Garnishee Orders (Attachment of Debts)
  • Instalment Orders
  • Examination of Judgment Debtor
  • Bankruptcy and Winding Up of Companies.

We ensure all litigation is conducted swiftly and assertively to maximise the potential for recovery.

For Defendants

If you are seeking to defend an action taken against you, we can assist in either having the action struck out or minimising its impact.

Often individuals and business owners are unaware of the ability to fight actions such as Bankruptcy or the Winding up of their company when they cannot meet their obligations.

We offer sound commercial advice to help you to trade out of trouble rather than succumb to the finality of Bankruptcy or Winding up. Possible solutions to trade out of trouble are to negotiate a realistic instalment payment order or restructure your business company.

For individuals, we assist in minimising Attachment of Earnings Orders to a realistic level of payment amount and frequency.

We also assist judgment debtors who wish to have court orders against them set aside or reheard. This allows defendants to improve their credit rating.

FAQ’s

Q.  A company owes me money, how can I force them to pay?

A healthy cash flow is critical to the survival and health of any business.

If you find that you have sent an invoice to a Company (not an individual) and they refuse to pay you, it will impact on your business’ ability to trade.  Keeping your debtors to a minimum is the key.

If after sending numerous reminders, they still refuse to pay you, you will need to take further action to force them to pay.

A Letter of Demand from our firm under Solicitor’s letterhead may be all that is required.

It may be necessary to consider instructing us to prepare and serve a Creditor’s Statutory Demand on the company.

A Statutory Demand requires the Company to pay its debt to you within 21 days of being served with the demand. If the Company fails to satisfy the debt, we can apply on your behalf to the Supreme Court to have the Company wound up. Due to the potential consequence of the appointment of a liquidator, a Statutory Demand can be an effective way of encouraging a Company to pay its debts.

At Cyngler Kaye Levy Lawyers we can discuss with you the best approach to have this debt paid in the most cost effective and timely manner.  Contact our office on 9500 1722 to discuss your matter with one of our experienced Lawyers.

Q. My company is being sued because I didn’t pay some bills. What can I do?

Whether you refuse to pay an invoice because you are disputing the services provided, or you are experiencing a cash flow crisis, you will need to take some action or a default judgment may be lodged against your Company.

Doing nothing and ignoring requests for payment will only make the situation rapidly worse.

Once a default judgement has been filed against you, it will be recorded on your company’s credit rating and can have serious consequences for your ability to secure finance.

If you do not have a defence, but are simply suffering a cash flow crisis, we may be able to negotiate on your behalf with the Creditor to agree to have the judgment set aside by consent if you agree to a payment plan.

If you do have a defence to the claim, or were not served the claim, we may be able to apply to the court to have the judgment set aside and then defend the claim.

At Cyngler Kaye Levy Lawyers we can discuss with you the best approach to deal with this debt in the most cost effective and timely manner.  Contact our office on 9500 1722 to discuss your matter with one of our experienced Lawyers.

Q. How do I get my credit rating back to normal?

Once a default judgement has been filed against your company, it will be recorded on your company’s credit rating and can have serious consequences for your ability to secure finance.

If you want to clean up your company’s credit rating, you will first need to have the judgment set aside.

Once this has been achieved, it may then be possible to seek to have your Credit record restored.

At Cyngler Kaye Levy Lawyers our experienced Litigation lawyers can discuss with you the best course of action in the most cost effective and timely manner.  Contact our office on 9500 1722 to start the process to restore your credit rating.