The initial step is to issue a formal Letter of Demand. Our debt recovery lawyers in Sydney prepare this document, stating the outstanding amount, legal basis, and a strict deadline for payment. In many cases, this prompt and professional approach resolves the matter without needing court proceedings.

While there is no strict minimum, the cost-effectiveness of legal action should be considered for very small debts. We can advise you on the best approach for your specific situation.

In NSW, the standard limitation period for debts arising from a contract is six years from the date the debt became due. That said, under Section 54 of the Limitation Act NSW, this is subject to change if there has been any confirmation of the debt, provided during the 6 years.

While our primary focus is NSW, we can pursue debts against individuals and companies located anywhere in Australia and enforce NSW judgments in other states. The process is governed by federal legislation, which allows for the recognition and enforcement of NSW court judgments in other states.

If a debtor does not respond, commencing formal legal action is the next step. Our team files a Statement of Claim in the relevant NSW court (Local, District, or Supreme) depending on the debt’s value. This action compels the debtor to respond and initiates the legal process of commercial debt recovery in Sydney.

Yes, but strict procedures must be followed under the Privacy Act. You must have provided the debtor with proper notification before the credit was extended and before the listing is made. We can guide you on this process.

Bankruptcy applies to individuals who are unable to pay their debts. Winding up (or liquidation) is the equivalent process for an insolvent company. Both can be initiated by a creditor who is owed a debt above a certain threshold.

Debt recovery timelines in NSW vary depending on the approach:

• Letter of Demand: Resolution may occur within 7–14 days.

• Legal Proceedings: Court processes for undefended claims generally take 2–4 months.

• Enforcement: Implementing court judgments and enforcing payment may extend timelines based on the debtor’s response.

A court judgment formally recognises that a debt is owed. Enforcement options include:

• Garnishee Order: Directs third parties, such as banks or employers, to pay funds directly to you.

• Writ for the Levy of Property: Authorises the Sheriff to seize and sell debtor assets.

• Examination Notice: Requires the debtor to disclose their financial information to support recovery.

We offer fixed-fee services, providing cost certainty for each stage, such as issuing a Letter of Demand or commencing legal proceedings. Fee transparency is a core part of our commercial debt recovery NSW offering.

In most successful cases, you can recover a significant proportion of your legal costs from the debtor. Court judgments typically include an order for legal costs, and terms can be included in your agreements requiring the debtor to pay recovery costs.

No. Our debt recovery law firm in Sydney operates on a fixed-fee basis for each stage, not on commission. You receive 100% of any debt recovered.

A Creditor’s Statutory Demand under the Corporations Act 2001 is a formal notice requiring payment of debts exceeding $4,000 within 21 days. It is a powerful tool for enforcing payment and may establish grounds for a winding-up application if not complied with.

If payment is not made or the demand is not set aside within 21 days, the company is presumed insolvent. You have strong legal grounds to apply for a winding-up order in the Federal Court or the Supreme Court of NSW.

A winding-up application seeks to appoint a liquidator to an insolvent company. The liquidator manages the company’s affairs, including selling assets and distributing proceeds to creditors.

If there is a genuine dispute, a Statutory Demand cannot be issued. We carefully assess disputes and provide legal advice. Disputes may be resolved through negotiation, mediation, or by pursuing a court judgment.

Select a debt recovery lawyer when:

• The debt amount is significant.

• The claim may be disputed.

• The debtor has ignored previous requests.

• You require immediate legal escalation or need to issue a Statutory Demand.

Engaging a specialised commercial debt collection law firm from the outset ensures swift, cost-effective resolution and access to the strongest enforcement measures.

• Local Court (Small Claims): Debts up to $20,000

• Local Court (General): $20,001 to $100,000

• District Court: $100,001 to $750,000

• Supreme Court: Debts over $750,000

Our experienced debt recovery lawyers represent clients across all NSW court jurisdictions.

The Uniform Civil Procedure Rules 2005 (NSW) set strict rules for serving documents. Proper service is vital; our law firm handles all legal processes to ensure compliance.

A court judgment is recorded on the debtor’s credit file for five years, often motivating prompt payment and affecting their ability to obtain credit.

Yes. In NSW, legal action must generally commence within six years of the debt's due date. That said, under Section 54 of the Limitation Act NSW, this is subject to change if there has been any confirmation of the debt provided during the 6 years.