Debt Collection NSW – New South Wales

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What are the essential elements of debt collection in New South Wales?

The debt collection process in New South Wales is the same as the debt collection process in every other state of Australia and very similar to many of the other debt collection processes around the world. As with every other jurisdiction there is the graduate process of phone calls, letters then the commencement of legal action. The legal aspects of the debt collection process are what is specific to to the debt collection process in New South Wales.

In New South Wales, the vast majority of debt collection matters will be small claims under $10,000.00 which will mean that the matter will be heard before the New South Wales Local Court. This court has its jurisdiction established under the Local Court Act in New South Wales. A matter is first filed using a statement of claim which normally has some affidavit evidence attached to it including the invoices, the contracts on which the document is based and any other evidence which is likely to substantiate the claim against them.

Following the successful litigation of a statement of claim, the court will award judgement. You can begin to go ahead and enforce the judgement once this has occurred. Enforcement of judgement normally either involves garnishee actions, repossession actions or in some cases can involve the pursuit of bankruptcy proceedings. However, bankruptcy in Australia is something that is determined at the level of federal jurisdiction under the Bankruptcy Act. The first step to doing this is to issue a document known as a Bankruptcy Notice.

This is a very brief summary of the totality of the debt collection legal process which is used in New South Wales to recover debt. Obviously, you need the assistance of a licensed professional if you are going to collect a large debt effectively and you will at some stage also need legal advice if the debt collection process reaches the stage of legal proceedings. We have access to these services available here.

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