Debt Recovery Lawyers Sydney

CMI Legal provides fixed-fee pricing for letters of demand so you know the cost upfront. For court matters, we provide clear estimates before commencing proceedings. The cost should always be weighed against the amount owed and realistic prospects of recovery. We advise you on this in the initial consultation.

An undefended matter can result in a default judgment within four to eight weeks of filing. Pre-litigation recovery through a letter of demand is often resolved within two to four weeks. Defended matters can take several months to over a year, depending on complexity and the court's list.

We escalate to court proceedings by filing and serving a Statement of Claim. If the debtor does not file a defence within the required period, we apply for default judgment, a final court order enforceable immediately through garnishee orders or writs of execution.

Yes, in most cases the court awards a costs order against the losing party. However, recoverable costs are typically assessed at party-party rates, which recover approximately 50 to 70 per cent of actual legal costs. We advise you on the likely cost outcome before commencing proceedings.

A statutory demand is issued to a debtor company under section 459E of the Corporations Act 2001 (Cth) for debts of $4,000 or more. The company has 21 days to pay or apply to set the demand aside. Failure to comply creates a presumption of insolvency that can support a winding-up application.

Options include garnishee orders over bank accounts or wages, writs of execution over personal property, examination orders requiring the debtor to disclose assets, and charging orders over real property. We advise on which mechanism suits the debtor's circumstances and pursue it without delay.

We assess whether the claim is genuine or a delay tactic. Where a company is formally insolvent, we advise on creditor rights in administration or liquidation and assist with lodging proofs of debt. For individual debtors, we advise on bankruptcy notices and priority claims.

You are not legally required to use a lawyer, but a letter of demand from a law firm is taken far more seriously by debtors. A lawyer also ensures court documents are procedurally sound, advises on the most effective enforcement approach, and assesses whether pursuing the debt is commercially worthwhile.

Yes. For interstate matters, judgments obtained in NSW can generally be registered and enforced in other states under the Service and Execution of Process Act 1992 (Cth). For international recovery, we advise on available options and work with overseas practitioners where required.

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