Debt Recovery Lawyers Sydney

debt collection legal paperwork
Debt due letter

Experienced Debt Recovery Lawyers for Creditors and Debtors

Unpaid debts can place significant pressure on individuals and businesses, while being pursued for a disputed debt can create its own legal and financial risks.

Golottas Solicitors assists creditors and debtors across Sydney and NSW with debt recovery, monetary disputes, letters of demand, court claims, judgment enforcement and company debt matters.

Based in Wetherill Park, we can assess the circumstances, explain the available options and help determine the most practical way forward.

Discuss Your Debt Matter
DEBT RECOVERY & DISPUTES

Are You Owed Money or Facing a Debt Claim?

Debt matters look very different depending on whether you are trying to recover money or responding to a claim against you. Golottas Solicitors assists both creditors and debtors with practical legal advice and representation.

I’m Owed Money

If a debt remains unpaid, Golottas Solicitors can help assess the claim and advise on the most appropriate next step.

  • Letters of demand
  • Negotiation and settlement
  • Commencing debt recovery proceedings
  • Obtaining judgment
  • Enforcing an unpaid judgment
  • Company and commercial debts

I’m Being Pursued for a Debt

If you have received a demand, court document or other formal debt recovery notice, it is important to understand what has been claimed and what response may be required.

  • Reviewing letters of demand
  • Responding to a Statement of Claim
  • Disputed debts
  • Negotiating payment or settlement arrangements
  • Responding to statutory demands served on a company
  • Defending or responding to debt recovery proceedings
DEBT RECOVERY PROCESS

How Debt Recovery Works

Not every unpaid debt needs to go straight to court. The appropriate next step depends on the amount owed, the available evidence, whether the debt is disputed and whether the debtor is likely to pay.

01

Review the Debt

We assess the amount outstanding, the documents supporting the claim and the legal basis for recovery.

02

Letter of Demand

Where appropriate, a formal demand can be issued seeking payment and setting out what may occur if the debt remains unpaid.

03

Negotiate or Settle

Some matters can be resolved without court proceedings through negotiation, settlement or an agreed payment arrangement.

04

Commence Proceedings

If the debt remains unpaid and legal action is appropriate, proceedings may be commenced to recover the amount owing.

05

Judgment & Enforcement

If judgment is obtained and payment is still not made, appropriate enforcement options may be considered.

URGENT DEBT MATTERS

Received a Statement of Claim or Statutory Demand?

Some debt recovery documents have strict response deadlines. If you have been formally served, it is important to understand what the document means and what action may be required.

GENERALLY 28 DAYS TO RESPOND

Statement of Claim

If you have been served with a Statement of Claim in NSW civil proceedings, you generally have 28 days from the date of service to respond. If you do not respond, judgment may be entered against you.

We can help review:

  • Whether the debt is admitted or disputed
  • The amount being claimed
  • The available evidence
  • Potential defence or cross-claim issues
  • Settlement or payment options
  • The appropriate response to the proceedings
21 DAY RESPONSE PERIOD

Statutory Demand

A statutory demand is a formal demand served on a company for payment of a debt. Strict time limits apply, including where an application is being considered to have the demand set aside.

Golottas Solicitors can review the demand and advise on the available options, including where the debt is disputed or other grounds may need to be considered.

Do not ignore a statutory demand. The applicable deadline is strict, so legal advice should be obtained promptly.

Have You Been Served With a Debt Claim?

Speak with Golottas Solicitors promptly so we can review the documents and explain the options available.

Get Advice About a Debt Claim
COMMERCIAL CONSIDERATIONS

Is Legal Action Worth Pursuing?

Before commencing debt recovery proceedings, it is important to consider more than whether the money is legally owed. The strength of the evidence, the amount outstanding, the debtor’s circumstances and the likely cost of recovery can all affect whether legal action is commercially worthwhile.

What We Consider

  • The amount of the debt
  • Contracts, invoices and other supporting evidence
  • Whether the debt is disputed
  • The debtor’s apparent ability to pay
  • The likely cost of proceedings
  • Prospects of negotiated recovery
  • Available enforcement options if judgment is obtained

What About Legal Costs?

Some legal costs may be recoverable depending on the type of proceedings, the outcome and any orders made by the court. They should not be treated as automatically recoverable in full.

Golottas Solicitors can explain the likely cost position and the practical recovery options before proceedings are commenced.

Assess Your Debt Recovery Options
LITIGATION & DISPUTE EXPERIENCE

Legal Advice From Negotiation Through to Litigation

Golottas Solicitors has more than 45 years of legal experience and assists individuals, businesses and corporations across a range of disputes and litigation matters.

That broader litigation experience is particularly relevant where a debt matter moves beyond an initial demand and requires negotiation, court proceedings or enforcement.

Why This Matters

  • Continuity of advice from the initial debt dispute through to court proceedings where required.
  • Commercial considerations can be weighed alongside the legal position before recovery action is pursued.
  • Creditor and debtor matters can be assessed within a broader dispute and litigation context.
  • Contested debt matters can be addressed where the issue becomes more than a straightforward collection process.

Need Advice About a Debt Dispute?

Speak with Golottas Solicitors about the circumstances of your matter and the options available.

Speak With Golottas Solicitors
DEBT COLLECTION & RECOVERY

Debt Collection: How the Legal Process Works in NSW and What Your Rights Are

Understand the key stages of debt recovery in NSW, what creditors can do, how debtors can respond and when legal action may become necessary.

Read the Guide

FAQs

What should I do if someone owes me money in NSW?

The appropriate first step depends on the circumstances and the evidence supporting the debt. This may involve reviewing contracts, invoices, correspondence and payment records before issuing a formal letter of demand. If the debt remains unpaid, negotiation or court proceedings may then be considered.

What happens if a letter of demand is ignored?

A letter of demand does not automatically result in judgment. If payment or an acceptable response is not received, the creditor may consider further recovery action, including commencing court proceedings where appropriate. Whether legal action is worthwhile should be assessed against the amount owed, available evidence, likely costs and prospects of recovery.

How long do I have to respond to a Statement of Claim in NSW?

If you are served with a Statement of Claim in NSW civil proceedings, you generally have 28 days from the date of service to respond. If you do not respond within the required period, judgment may be entered against you. Legal advice should be obtained promptly if the debt or amount claimed is disputed.

Can legal costs be recovered in debt recovery proceedings?

Some legal costs may be recoverable depending on the type of proceedings, the outcome and any orders made by the court. This does not necessarily mean all legal expenses will be recovered. We can explain the likely cost position and practical considerations before proceedings are commenced.

What happens after judgment is obtained for a debt?

If a court orders payment and the judgment debt remains unpaid, enforcement action may be available. Depending on the circumstances, options can include a garnishee order, examination process or writ for levy of property. The most appropriate enforcement method will depend on the debtor and the information available about their financial circumstances.

What should my company do if it receives a statutory demand?

A statutory demand should be treated urgently. A company currently has 21 days after service to comply with the demand or apply to the court to have it set aside. An application to set aside the demand must generally be filed and served within that period, and the deadline is strictly applied. Obtaining legal advice as soon as possible is important, particularly where the debt is disputed or the company may have an offsetting claim.

Get In Touch With Us To Further Discuss Your Situation

Arrange a consultation with an experienced lawyer.

Call Us: (02) 9729 3286