CLAIMS / JUDGEMENT DEBTS




STATEMENT OF CLAIM

A Statement of Claim is normally the very first step in the legal debt collection process.

A Statement of Claim can go by different names in different courts across the country but the principle remains that they are the legal document (usually drawn up by a solicitor) which sets out the basic facts that the other party will rely upon to
prove that you owe a debt.

If you receive a Statement of Claim you should act quickly to defend the claim made by the other party.

As the recipient (defendant) you have twenty eight (28) days from receipt to lodge a defence.

If you do not lodge a defence, the other party who brought the Statement of Claim can seek a default judgement against you.

JUDGEMENT DEBT

A judgement debt means that the Court has considered previous proceedings such as the Statement of Claim and ordered that the defendant owes the money to the Plaintiff.

Once the plaintiff obtains a judgement debt, they may enforce it by a number of ways. The most common ways of enforcing judgement debts are as follows:

  • Writ of Possession - enforcement of a Judgement for possession of land in the Supreme or District Courts
  • Writ of Delivery - enforcement of a Judgement for delivery of goods
  • Judgement for the payment of money may be enforced by:
    • Writ for the levy property
    • A garnishee order
    • In the Supreme or District Courts, a charging order

WE CAN HELP

It is important that you explore all the options as every company has different circumstances and the right decision is vital in order to maximise your outcome. The earlier you act, the more options that will be available to you.

Our qualified staff use their extensive knowledge and experience to ensure you get the solution that is right for you. Do the stakeholders deserve that the business is given the best opportunity to survive?  We strive to deliver our clients with all the information and support that they need to make decisions on whether or not to liquidate the business.

As  a director of a company there are risks of personal liability.  Assessing the options available for the business together with any personal liability risks allows for a more informed decision making process.

In fact whether a Statement of Claim has been issued or the company is just behind with its bills our qualified consultants will be able to explain your position and identify the specific solutions for you.