We have specialised in debt collection in Perth for over 20 years and have successfully handled debt recovery legal action in all courts in Western Australia for the recovery of the full range of debts of all sizes.
Our clients in debt recovery include companies of all sizes, small and large business, as well as individuals.
We provide top tier services and top tier experience at substantially better rates to those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
See the Hourly Rates page on the website for more details.
For 20 years we represented United Credit Union Limited, now United Community, in debt recovery litigation in the Supreme Court, District Court and Magistrates Court involving debts of all sizes. We have also represented the Bank of Melbourne and large national mortgage insurer MGICA.
We understand the urgency of recovering a debt as quickly as possible. We are committed to providing an efficient and cost effective debt recovery service regardless of the size of the debt. We can tailor the debt recovery strategy to your individual needs and the nature of the debt to ensure the best outcome is reached. We will ensure you are kept informed as to the progress of the debt recovery action. We can also provide you with our advice on how to avoid disputes arising in the future and how to protect yourself in the event a dispute does arise.
As each case is different, we can also assess whether or not it would be best to serve a letter of demand, proceed straight to a summons or alternatively serve a bankruptcy notice on an individual or a winding up notice on a company.
We can provide you with advice on the best methods of recovering moneys owing pursuant to contracts, including advice on interest and penalties and moneys recoverable for variations and advice on the best methods of negotiating payments in the event that debtors are experiencing financial difficulties including the provision of guarantees, irrevocable authorities to pay and other types of securities.
If you are selling goods or services you should always have terms and conditions. We can prepare these for you if you do not have terms and conditions. These can be included with your quote to your clients. We can provide you with terms and conditions which will ensure that you will be able to claim your costs of recovery of any outstanding debt. You can then have written in your contract a clause that provides for all costs of recovery of any outstanding debt to be claimable from the debtor. The clause must be well prepared but it is fairly brief and will allow you to recover more legal fees and other expenses that you have incurred then you otherwise would.
Debt collection is a task that must have strict attention paid to it and prompt letters of demand, that are well-drafted are the best debt collection tool.
In Western Australia if you have a costs recoverable clause in your contract you may recover most if not all of your legal fees. If you don’t you will generally recover two thirds of your legal fees.
The greatest threat to debtors, including individuals and companies, is to receive a letter of demand from a law firm followed by a summons. In some cases a statutory demand or winding up notice may also be the best method in respect of debts owed by companies.
At Ahern Sierakowski Lawyers our letters of demand explain to debtor companies and individuals that if legal proceedings are required to be instituted against them those proceedings will include a claim for interest on the debt and a claim for the costs of the proceedings to be paid by the debtor. In our experience our letters of demand have significant prospects of success. If they are not successful then clients are urged to proceed immediately to a summons.
If you don’t have a costs recoverable clause we can draft one for you in a set of terms and conditions.
Whilst the court procedures available never vary it is important not to adopt a rigid formula to every debt recovery case. At Ahern Sierakowski Lawyers we will speak to every client about every debt including seeking alternative addresses for letters to be sent to cause maximum prospects of early recovery.
