Once legal proceedings are commenced and a judgment is obtained, the creditor has 12 years from the initial date to enforce and recover the judgment from the judgment debtor. Our firm specializes in debt recovery proceedings. We can provide you with advice tailoring to your needs and the size of the judgment amount involved.

Your options include:

1. Examination Summons:
This is a Summons for a debtor/ director of a Company to appear before a court for examination as to their financial position. Not strictly an enforcement option, however it is done for example when an insight to the company’s affairs is required to decide as to how it will enforce the judgment against the debtor company. We can provide you with advise as to how to issue an Examination Notice followed by an Examination Order if no response is received from the debtor or the debtors director.

2. Writ of Execution:
This is an enforcement option whereby a sheriff is authorised to attend the debtors residence or business premises of a debtor company to seize the goods to the value of the debt. Proceeds are sold at a public auction and the monies are paid to the creditor.

3. Writ Against Land:
A Writ of Levy of Property must not be issued against land unless the judgment debtor consents or the sheriff is satisfied that all other properties have been considered first. The Rules also state that this action is only applicable in matters where the judgment amount is greater than $10,000.00.

4. Winding up of a Debtor Company:
If the judgment debt is $2000 or more, you can commence winding up proceedings against the debtor company and we can help you prepare all the relevant and detailed documentation and appear on your behalf in any of the relevant Supreme Courts of Australia.

5. Bankruptcy proceedings against an Individual Debtor:
If the judgment debt is $2000 or more, you can commence bankruptcy proceedings against an individual debtor. Bankruptcy notice is a document which has to be prepared carefully and lodged with Insolvency and Trustee Services of Australia. Proceedings can be commenced in the appropriate court thereafter if no payment is received. With our expertise in the area, we can lodge all the documentation, prepare the matter and appear on your behalf.

6. Garnishee:
A Garnishee Order can be issued to the debtors employer or bank requesting payments to be deducted from his or her salary or bank account and be re paid towards the judgment amount.

Please contact us if you wish to discuss any of these options further.