How long do I have to recover a debt in NSW?

Where you are claiming a breach of contract or consumer laws, the statutory limitation period to bring a claim is generally 6-years from the date the claim arose (for instance, when the breach occurred or was discovered). Where you are claiming for negligence like a breach of a duty of care, the statutory limitation period to bring a claim is generally 3-years from the date the claim arose. Notwithstanding this, you must act quickly as there are certain statutory limitation periods that may be less than 3-years. For instance, if the debt arises from breach of statutory warranties under the Home Building Act, then the statutory limitation period for non-major defects is 2 years. Further, if you are seeking equitable remedies such as an order for a debtor to comply with a contract (specific performance), or a freezing order or injunction (to restrain someone from dissipating assets or similar), then sometimes you must act within a matter of days or weeks because there is the defence of “laches” where the claimant has unreasonably delayed in bringing the proceedings. This is often a defence where someone is trying to stop the issuance of shares, or seek orders for the issuance of shares, the appointment or removal of directors, or to stop a business partner from misappropriating funds from the company’s bank account.

What happens if the debtor ignores the Court proceedings?

If you file a claim in court and the debtor does not file a defence, generally within 21 or 28-days depending on the court, then you can apply for a default judgment, meaning the debtor has failed to file its defence and therefore you are entitled to a judgment for the amount claimed becuase of the default of the defence. If however, you require specific orders that are not a money claim, then you alternatively will file an application for a summary judgment where you prepare a short affidavit tendering your evidence, and seeking the court to make the orders you are seeking. Before bringing an application for default judgment or summary judgment, you must first file an affidavit of service providing that you have properly served the debtor with the claim, and the debtor has elected not to defend it. After you obtain a judgment, then next step is to take enforcement action which is generally the issuance of a bankrupcy notice, a statutory demand for payment, an examination order, a guarnishee order or a writ of levy over property. A bankruptcy notice is used to bankrupt an individual and then a trustee in bankruptcy is appointed to deal with the bankrupts assets and hopefully pay you your debt. A statutory demand is a notice issued on a company stating they have 21-days to pay, otherwise you will bring a winding up application to appoint a liquidator to take control of the company, and hopefully sell the assets and pay you back. An examination order is seeking orders from the court for the debtor to attend court and answer questions regarding their assets and liabilities. A guarnishee order is an order for you to guarnish money out of the debtor’s bank accounts. A writ of levy is where you obtain orders for a sheriff to attend the debtor’s premises and levy property for you to recover your debt.

What is the difference between a Letter of Demand and a Creditors' Statutory Demand?

A letter of demand is simply a letter from a law firm notifying the debtor that if they do not pay, court proceedings will be issued against them. There is no guarantee that a debtor will respond to a letter of demand, and this is often why the issuance of legal proceedings must be issued to prove you are serious about the recovery of the debt. A statutory demand for payment is a document issued pursuant to the Corporations Act in situations where there is no genuine dispute and no offsetting claim with respect to a debt owed by a company. Where the debt is more than $4,000.00 owed by a company, and there is no genuine dispute or offsetting claim, you can issue a statutory demand and the debtor has 21-days to pay the debt or bring an application to court to set aside the statutory demand, otherwise, the company commits an act of insolvency and there is a presumption that the company is insolvent. After the 21-days expires and you have not been paid, and no application is made to set aside the statutory demand, you can then bring an application for a winding up order, seeking orders for the appointment of a liquidator. At the time of the winding up application, the debtor loses the right to claim there is a genuine dispute or offsetting claim, and instead, the debtors only option is to file its best evidence (normally audited financial reports) providing that the debtor is solvent and is able to pay the debt to you.

Debt Recovery Lawyers Sydney | Commercial Debt Experts

Name: Leo Lawyers
Brand: Leo Lawyers
Rating: 5 (330 reviews)

Debt Recovery Lawyers Sydney — Results Without the Runaround

Whether someone owes you money or you are facing recovery action, the right legal advice early makes a real difference. At Leo Lawyers, we act for businesses, contractors and individuals across New South Wales and Victoria who need to recover unpaid debts or defend against a creditor’s claim.

Unlike a debt collection agency, we are a law firm. We issue formal demands on firm letterhead, commence Court proceedings, obtain judgments and enforce them if the debtor still refuses to pay. Every step is agreed in advance. No commissions, no hidden charges.

Our debt recovery services cover:

Letters of Demand to individuals and companies

Creditors Statutory Demands under the Corporations Act 2001 (Cth)

Bankruptcy Notices and Insolvency Proceedings

Commencing proceedings in the Local, District and Supreme Court

Obtaining default judgment where the debtor fails to respond

Obtaining summary judgment where the debtor’s defence is meritless

Enforcing judgments through garnishee orders and writs of execution

Advising debtors on their rights and negotiating payment arrangements

Claims under the Personal Property Securities Act 2009 (Cth)

Who We Work With

Our debt recovery lawyers in Sydney act for a broad range of clients across New South Wales and Victoria. Whether you are a business chasing an unpaid invoice, a contractor waiting on a progress payment or an individual pursuing a loan, we tailor our approach to the debt and the best path to recover it.

Small and medium businesses

Contractors and tradespeople

Lenders and private creditors

Property developers

Startups and founders

Individuals

We regularly represent Sydney businesses in debt recovery matters across the NSW Local Court, District Court and Supreme Court, i

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Debt Recovery Lawyers Sydney — Results Without the Runaround

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Our Debt Recovery Services

1. Letter of Demand

2. Creditors Statutory Demand

3. Court Proceedings

4. Enforcing a Judgment

5. Defending Debt Recovery Claims

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Document Review & Strategy Conference (1 to 2 Days)

Drafting the Demand or Claim (7 to 14 Days)

Review and Refinement Conference (1 to 2 Days)

Issue Demand or File Claim (1 to 2 Days)

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What Happens if a Director Trades While Insolvent?

Security of Payment Adjudication in NSW

Statutory demands and how you can utilise them to recover a debt

Winding Up Applications

Responding to a Statutory Demand (and the COVID-19 temporary changes)

Convertible Notes – Issues in Insolvency – Leo Lawyers

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