Debt collection

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We offer a large range of fixed price debt collection services. We do not charge commission and wherever possible will give you an upfront quote for our services tailored to your particular dispute.

Demand letter $99

Our 7-day demand letters are useful tools for recovering bad debts and identifying any disputes that debtors may have about your bills.

To instruct us, please complete our Demand letter instruction form and email it to paid@birmanride.com.au.

Statutory demand

$550

A statutory demand is an alternative to issuing court proceedings to recover your debt. We recommend issuing a statutory demand if:

  1. the debtor is a corporation;
  2. the debtor has not responded to a 7-day demand letter;
  3. the debt exceeds $2,000;
  4. the debtor is trading or is known to have significant assets; and
  5. you know of no reason for the debtor to dispute your claim.

If within 21 days of receiving your statutory demand the debtor fails to either:

  • pay the debt; or
  • satisfy a Court that there is a genuine dispute as to the validity of your claim,

you (or any other creditor) may apply to the Court to have the debtor company be wound up.

Advantages:

  1. If it is trading or has assets and no reason to dispute your claim, the debtor is unlikely to risk being wound up.
  2. The onus is on the debtor (not you) to commence Court proceedings if it wishes to dispute your claim.
  3. Details of your demand are not publicly available and are therefore unlikely to precipitate competing claims.
  4. If the debtor ignores the demand:
    • you are not obliged to commence winding up proceedings; and
    • it cannot subsequently dispute the merits of your claim; and
  5. Your right to sue for the debt as an alternative to winding up remains.

Risks:

  1. You should appreciate that if the debtor satisfies a Court that there is a genuine dispute of which you should have been aware, your statutory demand will be set aside and you may be ordered to pay legal costs ($2,000-$3,000). In these circumstances, you can still sue for the debt.
  2. The cost of winding up a company is usually about $5,000 including disbursements. This will only be recoverable from the debtor if it has sufficient assets to pay.

Court proceedings:

If your demand letter is unsuccessful, or as an alternative to the statutory demand process, you may consider a general procedure claim (GPC) or minor case claim.

To instruct us, please complete our Statutory demand instruction form and email it to paid@birmanride.com.au.

General procedure claim (GPC)

$495

A GPC is the beginning of the Court process. The defendant must lodge an official response admitting or denying your claim within 14 days. A GPC can be issued for any amount less than $75,000.

Our fixed fee includes:

  • preparation and lodgement of the claim;
  • arranging for your debtor to be served;
  • reasonable correspondence with you and your debtor about the debt and any proposed payment arrangement;
  • facilitating a payment plan before the pre-trial conference;
  • if the matter is resolved, preparing and filing a notice of discontinuance or memorandum of consent orders;
  • if the matter is not defended, applying for default judgement including any affidavit of service in support;
  • if the matter is defended, arranging the first pre-trial conference (excluding filing fees); and
  • up to 1 adjournment of the pre-trial conference by consent.

The majority (if not all) of your disbursements (Court filing fees, service fees) and most of our legal fees are recoverable from your debtor if your claim is for more than $10,000. For matters involving debts less than $10,000 you are not entitled to recover legal fees paid to us.

James Flexman

James Flexman

9220 4440

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