We have specialised in debt recovery in Perth, Fremantle and throughout Western Australia for 25 years. We successfully handle debt recovery legal action in all courts in Western Australia for the recovery of the full range of debts of all sizes.
Quick Answers, Quick SolutionsOur clients for 25 years have included large financial institutions, insurers, builders, sub-contractors, property owners and companies and businesses of all sizes in recovering debts of all sizes.
We have also represented individuals needing to recover debts pursuant to loan agreements and all types of contracts.
Clients want quick, cost effective action in debt recovery. They want negotiation if necessary especially when their customers may be approaching insolvency. They also want quick court action if that is the best method of recovering the money cost effectively.
We provide the best terms and conditions of trading to our clients that enable them to recover their legal fees and all other costs incurred resulting from their customers failing to pay. For further information see our terms and conditions page.
For 25 years we have acted for businesses and companies of all sizes, builders, sub-contractors and property owners, as well as for financial institutions including the Bank of Melbourne, United Credit Union now Beyond Bank Australia, National Australia Bank, Bank of Queensland and large National Mortgage Insurer MGICA. However this work, whilst important, has certainly not been more important to us than helping businesses and people having problems with outstanding debts.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Further information can be found here regarding our fixed fees.
For litigation, our lawyers and law clerks work closely with selected commercial barristers and we also we provide alternative fee structures including fixed fees paid by instalments.
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.
As each case is different, we 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 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.
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 only 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.
