We are experts in debt recovery in commercial disputes. If your business is owed money by another business, our debt collection lawyers can help you recover what you're owed.
We provide free consultations for new clients so you know where you stand from the start.
We'll advise you on whether your debtor has the capacity to pay and how best to proceed.
We won't waste your time, our goal is to get your debt paid as quickly as possible.
Talk to a lawyer for advice on debt recovery in commercial disputes.
Tell us about your case.
We will determine if the debtor has the capacity to pay and advise you on your options.
We will pursue your case through VCAT or the courts.
We help you right through to the enforcement actions and statutory demands.
Our debt recovery lawyers are highly experienced with dispute resolution and litigation. If there's been a breach of contract, we can help you get a favourable outcome for your business and recover the debt you're owed.
Our team has extensive experience handling debt recovery cases, including litigating in the Magistrates' Court. All types of dispute resolution need to be handled carefully. And we're the experts when it comes to debt recovery services.
Debt recovery efforts need to be fast and efficient so you can get the money you're owed without spending it all on legal fees. We work hard to ensure you get the best result as quickly as possible.
Choosing the right course of action is essential for any legal matter to be successful. We will investigate if your debtor is insolvent before proceeding with legal action because we don't want to waste your time or money.
We provide fixed fee or flexible pricing options to suit you and your case. We also We provide a free consultation for new clients so you can get a better understanding of your options.
Talk to AANDI Lawyers about your case and we can help you determine the best course of action.
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Like a Letter of Demand, a Statutory Demand is a document issued to a debtor by the creditor. However, while a Letter of Demand acts as a warning and outlines steps that could be taken in the future, an unpaid Statutory Demand leads to immediate repercussions.
A debtor is presumed to be insolvent if they are unable to comply with a Statutory Demand. It is the final step before a liquidator takes over the debtor’s affairs and closes them to the benefit of the creditor.
A Letter of Demand is one of the first steps toward recouping the money you are owed from your debtor. The letter outlines all the important factors of the dispute, such as:
A Letter of Demand also includes notice that legal action can be started if the debt is not paid. Plus, it informs the debtor if they must pay additional costs — like fees and interest — on the debt.
Recovering a debt can be a long and tedious process, but it can be far easier and simpler if you have the right help.
Our team at AANDI Lawyers can help you through every stage of the process, starting with a Letter of Demand and escalating to court action or a Statutory Demand.
If you have been engaged by a party for your services or supply of goods for a fee, and they do not pay, you have the legal right to sue that person for the amount owed.
You have two options:
The consequence of issuing a statutory demand is that if the company does not set it aside, non-payment of the amount owing (within the time stipulated in the demand) is an act of insolvency, and you can apply to the court to wind a company up.
We will review your paperwork, then send a letter of demand. If we do not receive a response or the response is evasive or unreasonable, we issue proceedings. Prior to issuing proceedings, we carry out usual searches to ascertain from the material available if the debtor has the capacity to pay.
This depends on the financial capacity of the debtor to pay their debt.
This varies between cases. Statutory demands should not be used solely for a debt collection option, our view is to use this is in limited circumstances. Also, if there is some uncertainty about the agreement statutory demands should be avoided.
We review the correspondence between you and the debtor. If that correspondence suggests that the debtor does not dispute the amount owed, and the debtor continues to trade a good business, then a statutory demand is warranted.
The Security of Payment act is a useful tool for recovering debts owed to builders. Contact AANDI Lawyers for experience advice in navigating the process.
As a contractor working in the construction industry, you are entitled to be paid in full and on time. When things go wrong, try a security of payment claim.