Beginning court proceedings

In previous blog posts we focused on the initial steps in the debt recovery process – ie starting with a letter of demand and following up that process with negotiation.

In circumstances where the debtor continues to refuse to pay and negotiations have stalled it is usually necessary to then begin court proceedings to recover the debt.

In most typical debt recovery matters this will involve drafting a Statement of Claim. A Statement of Claim is the formal document which is filed with the Court registry that commences the Court proceedings. A Statement of Claim should include the following:

1. Names and contact details of the parties involved;

2. Background facts of the matter – how the debt came to be owed to the client;

3. References to documents that prove those background facts of the matter – contracts, invoices and correspondence for example;

4. The total amount claimed, plus interest and allowable fees;

If you have further questions, please contact us at frank@franklaw.com.au.

This is not legal advice.