If a debt remains unpaid after you have issued statements and reminder notices and you are not receiving any satisfactory response from the debtor, we can take action on your behalf to recover the debt. The recovery action can proceed quickly and cost effectively, giving you time to focus on real profit and growth.
Typically this process involves the following work:
1. Issue a letter of demand to the debtor advising that they must pay the outstanding debt within 14 days after which legal proceedings will be commenced to recover the debt from the debtor.
2. Where the demand remains unsatisfied, we will prepare the matter generally and file and serve a Statement of Claim to recover from the debtor.
3. If the Statement of Claim is not paid within 28 days of service on the debtor and no defence has been lodged, we will prepare and litigate the matter on your behalf until judgment, settlement or conclusion of your matter.
4. The debtor’s ignorance of the claim will not help them. We will obtain default judgment against the debtor and move quickly to enforcement and payment of the judgment amount.
We will keep you advised of the most appropriate method(s) of enforcement of the judgment depending on the amount of the debt. Enforcement may include:
- Garnishee of wages or bank account(s)
- Writ on levy of property
- Sale of real property
- Examination of debtor
- Issuing Bankruptcy Notice
- Serving a Creditor’s Statutory Demand for Payment
- Winding-up Proceedings
We will only commence Bankruptcy Proceedings or Winding up proceedings against a Company where we have your instructions to do so.
Our Costs are recoverable against the debtor in most circumstances, including Bankruptcy and Winding-up.
You will have online access to your matter through our client private portal on our website and King Cain will monitor the recovery process and report to you at each stage of the claim, from initial instructions to finalisation.