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Debt Recovery and Debt Solutions

Kingsford Lawyers prides itself in maintaining a medium firm feel by treating each client with care and consideration.

Experienced Debt Recovery and Settlement Lawyers

Kingsford Lawyers assists both sides of debt matters, we act for creditors and debtors, so whether you are looking at commencing debt recovery processes or needing advice and assistance upon recovery actions being taken against you, Kingsford Lawyers can help.

We help in the following areas:

The first step for all debt recovery is always to draft and send a high-standard Letter of Demand before any legal action can commence. The purpose of a Letter of Demand is to state how much is owed and the details of the outstanding invoice/s that were to be paid. You further need to state the intention of commencing legal action should the debt not be repaid by a certain date; it is further recommended that its an open demand letter and perhaps a without prejudice letter of offer, If the letter of demand goes unanswered then it is time to commence debt recovery proceedings in Court.

A statutory demand is a demand for payment where a debt that is owed is over $4,000.00 under section 459E of the Corporations Act 2001 (Cth). Once a creditor’s statutory demand for payment has been served correctly to the registered address of the company, the debtor company will have 21 days to satisfy the demand letter or dispute the demand.

A debtor’s company’s failure to comply with a creditor statutory demand will result in the presumption that the company is trading insolvent and when this presumption has occurred the creditor will then be able to take the steps to wind the company up and force court-appointed liquidation.

Court proceedings are brought on foot once the other party is served with a statement of claim or court writ, and are filed in the respective jurisdiction:

Bringing court proceedings forward is a very complicated process and it is always advisable that you engage with the help of an experienced debt recovery/solutions lawyer to act on your behalf to ensure the strict process is followed correctly.

If an individual holds personal liability for a debt that is more than $10,000.00 then you can advise us to prepare and service a Bankruptcy Notice. Accuracy is key when preparing and filing a Bankruptcy Notice, as Bankruptcy Notices can be set aside on irregularities or defects in the notice, such as the amount being claimed, errors in the names of the creditor and the debtor, or that the notice has been completed incorrectly.

Once the notice has been prepared as per requirements, the notice is then served on the debtor, and an accompanying affidavit of service is filed with the court, the notice needs to be served correctly or else the debtor can have the notice set aside as per Section 16.01 of the Bankruptcy Regulations 1996 (CTH) which states:

The debtor will then have 21 days to seek legal advice and comply with the notice. If the debtor does not take steps to resolve and the 21 days lapse, then you can commence proceedings by presenting a creditors petition.

Once a company fails to comply with a Statutory Demand within the required timeframe, then the act of insolvency has occurred under the Corporations Act. The creditor has 3 months from the date the non-compliance occurred to file for a winding up of the debtor’s company and must be prepaid and posted to the address that is listed as the company’s registered office.

There is a very strict and in-depth process to ensure the correct process is followed in preparing and filing an originating application, it is very important you seek legal advice and have a lawyer complete this process for you.

Kingsford Lawyers assist in the enforcement options following a judgment order being obtained, these include:

Other Debt Recovery Services Kingsford Lawyers Offers:

As you can see, debt recovery and solutions can be very complicated. If you want to have the best representation possible, then call Kingsford Lawyers today!

Acting quickly will ensure that your business or personal reputation and relationships are not impacted, we act quickly to ensure we can solve your debt issues/disputes and can quickly negotiate payment plans or settlement deeds, especially if you are facing legal notices, legal action and have received notice of winding up your company, please reach out to us urgently.

We act for creditors and debtors, whether you are looking at commencing debt recovery processes or needing advice and assistance upon recovery actions being taken against you

Our Debt Relief Lawyers Are On Your Side

Kingsford Lawyers understands this on both sides, whether you are a creditor or a debtor we understand that outstanding debt causes stress and concern, and if the debt remains unpaid the outcome can be devastating and costly the longer the debt remains unpaid, reach out to Kingsford Lawyers today as we are skilled in assisting and we will have the right process options to best suit your requirements.

Cashflow is imperative for businesses, when cashflow is weakened even the most successful and profitable business can find their foundations will start to crack and immediate impacts can be forecasted.

Kingsford Lawyers offers our service Australia-wide, and we work on your side.

our satisfied clients


To speak with a lawyer from Kingsford about your case, call us on 1300 244 342 for a confidential, obligation-free chat.



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