Debt Recovery

At Khoury Scott and Associates, our team of debt recovery lawyers are able to assist in increasing your businesses cashflow by recovering what you are owed.

Our lawyers have substantial experience in providing businesses of all sizes with a tailor made, debt recovery solution to maximise recoveries and minimise costs.

The KSA Debt Recovery Difference

There is only so much a business can do internally to press a debtor for payment.  The more emails you send threatening legal action the weaker that threat becomes.  Eventually, you will face a decision to either write the debt off or escalate it externally.

With our team, you won’t need to worry about which debts to escalate or the cost of escalating a single debt, because we will act as your ‘in-house’ recovery agent, overseeing your ledger, providing regular health checks, updating your terms and conditions to maximise protection and escalate bad debts promptly.

Our difference is in our wholistic approach to servicing your business and, as with all our services, we provide fee certainty. Offering fixed fees for one off services and retainers for ongoing clients.  Again, our team tailors a debt recovery solution for your business.

  • Save time and money
  • Get professional advice
  • Get paid

The KSA Debt Recovery Process

  • 1

    The Starting Point - Letter of Demand

    The letter of demand is an important first step in a proceeding for debt recovery.  Once you engage Khoury Scott and Associates, the first thing we have to do is let the debtor know that you have briefed the debt out to lawyers and decided to take the matter further.  A letter from a lawyer has a lot more weight than a letter prepared by the business, even if it contains all of the right things.

    Letters of demand outline the amount(s) owed, annex a copy of the relevant invoice or statement of account (if applicable) and set a timeframe for payment.  It may also include a warning that, failure to make payment may lead to court action.

    Our first letter of demand can, and often will be, the final demand.

  • 2

    The Next Step

    If the letter of demand does not secure payment, we will consult with you and agree whether or not the debt ought to be escalated to commencing court proceedings, whether you ought to issue a creditors statutory demand for payment of debt or otherwise proceed with legal action.

    In considering the options, at least, the following factors would need to be considered:

    • the amount of the debt;
    • – whether the debtor is a company or individual;
    • – whether the debt is in dispute; and
    • – whether you suspect the debtor is insolvent.
  • 3

    Court Action

    Commencing court action is the first step in a longer process which can prove costly if not managed correctly.

    The Amount of the Debt Determines the Court

    As a basic overview of which Court is most appropriate:

    • – If the debt is less than $25,000 – Queensland Civil Administrative Appeals Tribunal (QCAT)
    • – If the debt is less than $150,000 –Magistrates Court
    • – If the debt is between $150,000 and $750,000 – District Court
    • – If the debt is more than $750,000 – Supreme Court

    Each court/tribunal has a different set of practice directions, rules and processes. Our lawyers have experience in the tribunals as well as state and federal courts.

  • 4

    Issuing a Creditors Statutory Demand for Payment of Debt

    If you trade, as a company, a creditors statutory demand for payment of debt is a daunting document. In essence a creditors statutory demand for payment of debt is a demand, served by an entity owed money claiming that you are insolvent and if you fail to respond within 21 days of service, you are presumed insolvent and able to be wound up in insolvency.

    Our experts regularly act on both sides of creditors statutory demands and know what is needed to ensure their successful as well as what is required to have one set aside.

    It is important to note that a Statutory Demand is not to be used a debt recovery tool; rather, it is reserved for cases where you genuinely suspect the company is insolvent.  For this reason, among others, it is crucial that you engage an expert to determine whether this course of action is appropriate in the circumstances.

  • 5

    How can I get KSA on my side?

    Step 1 – Reach out for a no-cost, no-obligation consultation. During this consultation, one of our experienced lawyers will review your terms and conditions, invoicing procedures, policies and debtor ledger and learn more about your businesses services and processes.

    Step 2 – Our team will provide you with the options. These options will vary depending on the size of the business, the size of the ledger, the frequency of overdue accounts and the average value of the debt.

    Step 3 – Our team begin working to recover your hard-earned money.