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Woods & Day Solicitors specialises in providing One-Stop-Shop debt recovery services for businesses in Sydney.
How are we different from other firms and mercantile agents in Sydney?
First and foremost, we are a law firm specialising in debt collection and commercial litigation. Typically, we find that most debtors agree to settle their debt when issued a Letter of Demand from a law firm, as a lawyer’s Letter of Demand can be compelling for most debtors.
Our process is very straightforward – we offer you an upfront Fixed Fee of $77 (including GST) for a Letter of Demand to be drafted on our letterhead and sent to your debtor. No commission is payable from recovered funds, which means you keep everything we collect.
Unlike most mercantile agents, you don’t need to engage another third party law firm if your debtor refuses to pay your invoices. Woods & Day Solicitors is a One-Stop-Shop for all your business debt recovery needs above $3,000 in debt value. As an experienced team of lawyers across all debt recovery litigation matters, our firm personally handles each step of the debt recovery process from issuing a Letter of Demand to Enforcing Judgment.
We have over 30 year’s experience in debt recovery, providing legal debt recovery services to a diverse range of businesses across several industries, including but not limited to Professional Services, Building and Construction, Equipment Leasing & Hire, Re-sellers and Wholesalers, Strata, Credit Providers, Insurance, Franchises, Education and Utilities.
Why Choose Woods & Day Solicitors?
If your business has a debt above $3,000 that you would like to collect, please call us on (02) 9299 6111 to claim your FREE Consultation below.
A written agreement, preferably signed by both parties, is highly significant evidence in any debt recovery claim. However, there are instances where a signed, written agreement may not have been entered to. In these circumstances, it may still be possible to establish the debt, including through the following:
Generally a business will seek the assistance of a debt recovery lawyer after its own attempts to recover the debt have been unsuccessful, either through a lack of response from the debtor, repeated broken promises to pay or the debtor refusing to make payment. A debt collection lawyer can also be engaged where a debtor raises a dispute with the debt, as a debt recovery lawyer can provide valuable advice on the strength and validity of your debt.
In most states in Australia, a debt can be recovered for up to six years after the debt first arose. If you have concerns over whether your debt may be too old or is about to expire, you should seek urgent legal advice to determine whether your debt can still be pursued. There is no minimum length of time for pursuing a debt, provided the debt has fallen due.
There are a number of reasons for choosing to engage a debt recover lawyer instead of a debt collection agency, including the following:
Debt recovery lawyers will handle your matter professionally, meaning you don’t need to worry about you or your business getting a bad reputation due to third party’s ways of collecting money for you.
Whilst a good Letter of Demand on a lawyer’s letterhead can often result in prompt payment of the debt without further action, in the event that the debt is not paid or the debtor disputes the debt, the next step will generally be to commence court proceedings against the debtor with a view to obtaining a court judgment that the money is payable, which you can enforce using various court methods.
In the event that you commence court proceedings against your debtor you will generally be able to recover a portion of your legal costs in addition to the debt. The amount of recoverable costs is set by the Court and depends on the amount of the debt.
A Letter of Demand is a letter formally demanding payment of your debt within a specified period of time (generally 7 days). A Letter of Demand serves as a final warning to the debtor that payment must be made and if ignored, legal action may be pursued.
A Statement of Claim is a formal, legal document, which is used to commence legal proceedings to recover the debt. The Statement of Claim must set out the factual matters which give rise to the debt and the details of your claim. Once the Statement of Claim is filed it must be served on the debtor so they are aware of the commencement of proceedings. The debtor will then have 28 days to either pay the debt or file a defence, failing which you can enter judgment against the debtor for the debt, plus costs and interest.
Unlike many debt collection agencies, who can charge up to 20% or 30% commission on the amount recovered, Woods and Day Solicitors do not charge any commission on amounts recovered. Instead we charge a fixed fee for each step taken in the debt recovery process for undefended matters. In most cases, a proportion of these fees are recoverable from the debtor in addition to the debt.
Whilst we are always happy to arrange a face to face meeting to discuss your matter, there is no requirement to come in our office to see a lawyer prior to issuing a Letter of Demand or commencing legal proceedings. In most cases we are able to obtain the relevant information to issue the Letter of Demand through email or telephone. For straightforward debts, you can even submit your instructions for a Letter of Demand through our website by clicking on this link and following the prompts.
Woods & Day Solicitors can assist with both individual and business debt collection.
Your debt may still be recoverable even if the debtor has moved overseas. If you have a debtor who no longer resides in Australia please contact our office to discuss your options for collection.