Insolvency Law Bankruptcy & Insolvency Debt Recovery Administration Voluntary Administration Liquidation About Watson & Watson Corporate Homepage Our MottoOur PeopleUseful LinksContact Us Other Legal Services Building & Construction LawCommercial Litigation Conveyancing Family LawWhite Collar CrimeWills, Probate & Estate

Watson & Watson Debt Recovery & Insolvency Lawyers

Are you owed money that you would like to collect?

If so, you can take legal action to recover it with Watson and Watson’s debt recovery lawyers. In certain situations, you can also recover your legal costs related to recovery proceedings.

Which Court Will Hear the Matter?

Debts of up to $60,000 usually can be recovered in Local Court. Debts over $60,000 (but under $750,000) must be recovered in District Court whilst debts over $750,000 must be recovered in Supreme Court.

Watson and Watson can assist you with:

    • Preparing a Statement of Claim – used to demand either payment or defence of the matter within 28 days (after the Statement of Claim is served); and with
    • Entering Judgement against the debtor (when no action is taken within 28 days).

Once Judgement is entered, a number of procedures are available to enforce it. At Watson and Watson, our debt recovery lawyers can assist you with Writs (seizure of goods to sell in order to repay the debt), Examination Summons (requiring the debtor to attend Court to display how they will satisfy the Judgement), and Garnishees Orders (whereby the Court can order a third party to pay money to a creditor instead of a debtor).

If these procedures fail to produce a result, and the debtor is a company owing more than $2000, then Watson and Watson can assist you with commencing either bankruptcy proceedings (for individuals) or winding up proceedings (for companies).

Bankruptcy for Individuals

If an individual is declared bankrupt by the Courts, a Trustee is appointed to take control of the insolvent person’s estate in order to turn the assets into cash to distribute equally among unsecured creditors (those who do not hold security for payment of the debt). Secured creditors may commence debt recovery by disposing of the asset securing the loan (for example, a bank would do this if mortgage payments are not made on a house).

Bankruptcy proceedings are handled in either the Federal Court or the Federal Magistrates Court, depending on the complexity of the case.

What happens when a company is unable to pay its debts? It can either enter administration or voluntary administration, and can ultimately enter liquidation. Select from the links above for more information or contact us right away.

Please fill out the form below so that a member of our legal team can contact you as soon as possible:

Your contact details:
Name*
Email*
Phone*
Please select an area of law:
Insolvency  Bankruptcy  Debt Recovery  Administration  Voluntary Administration  Liquidation
Brief description of the enquiry:

Please note that any information you submit will remain strictly confidential.