Noble Commercial provides a range of solutions that cater for your commercial recovery and process serving needs. For process serving, we are highly experienced in facilitating multiple document service in the same case matter.
We can prepare Acknowledgements of Service for the respondent to sign. Affidavits are returned efficiently and Affidavits of Attempt can be completed if requested.
We have knowledge of the process, timeframes and limitations with document delivery in all states and territories. We have a network that includes agents in remote locations around Australia.
Conduct money can also be issued by us, on your behalf.
We are able to offer the following services Australia wide:
Letters of Demand
For detailed information on these services, please refer to our Services page.
We offer secure access to our on line portal where progress of your instructions can be viewed.
For all work sent to us, please ensure that a covering letter is attached confirming that you appoint Noble Commercial Specialists as your agent to act in relation to the specific instructions. Please provide copies of all documents when sending instructions for process serving.
If you are unsure what documentation needs to be provided, we welcome you to contact us for clarification.
For Business and anyone seeking information on the debt recovery process, we have compiled some information below that may assist.
The claims process
The amount of claim:
Claims up to $10,000 are heard in the Small Claims Division of the Local Court
More than $10 000 and up to $100 000 are heard in the General Division of the Local Court
More than $100 000 are heard in the District Court or the Supreme Court
The debt recovery process for Small Claims
Where ever possible, it is suggested that you try and negotiate payment with the person or entity that owes you money. There may be an option to receive a reduced amount as full payment, payment in installments or a lump sum followed by installments. Open communication generally makes it easier for the parties to work together to have the debt repaid. However, this may not be occurring and the following information outlines the legal stages to the debt recovery process. It is suggested that you seek independent legal in respect to the strength of your claim and to be informed of the potential costs involved if the court rules in favour of the defendant.
Letter of Demand
This is the first formal stage of the recovery process. A letter of demand is a letter sent to a person, business or organisation who owes the money demanding that the funds be paid. It also states the creditor’s intent to potentially instigate legal action if the debt is not repaid. It informs the debtor that additional costs may be incurred if legal action is commenced.
If no action occurs from this, you may wish to proceed with a Statement of Claim. We often recommend a field call at this stage to your debtors place of residence. By talking to your debtor we can ascertain the likelihood of receiving a payment and negotiate on your behalf. In some circumstances, we are able to collect funds from the debtor, issue a receipt for payment and forward the money to you.
Check out some samples of Letter of Demand
Statement of Claim
A Statement of claim is a document filed with the court to start a civil case. It informs the court and the defendant (the person who owes the money) as to what the plaintiff (person to whom the money is owed) is claiming and the reasons for the claim.
In order to complete a Statement of Claim, you must obtain a Statement of Claim form. This must be filled out correctly and filed with the Local Court. A Court filing fee will be charged.
The Statement of Claim must then be served on the defendant.
Further information can be found at Law Access
Apply for default judgement
If the debtor does nothing in response to the Statement of Claim, you are then able to apply for Default Judgement. This is when the court recognises that money is owed to you by the defendant and the defendant is ordered to pay you. The debt is now considered to be a Judgement Debt.
You take action to enforce the debt
If the debtor still does not pay, there are steps that you are able to take.
You are able to apply for an Examination Notice or an Examination Order. This means that the Judgement Debtor must supply information pertaining to their income, assets and liabilities. This enables the Judgement Creditor to make a more informed decision regarding enforcing the debt.
You can also apply for a Garnishee Order where the court orders a third party, usually an employer or financial institution, to pay the money that belongs to the Judgement Debtor, to you, the Judgement Creditor.
There may also be the option to obtain a writ or levy of property. This is a court order to the Sheriff, directing them to attend the Judgement Debtor’s house and seize property. This property is then sold at auction and the funds are applied to the judgement debt.
If the debt is greater than $5000 you can apply to have the Judgement Debtor made bankrupt.
For more information, please visit LawAccess Attorney General & Justice