Last blog we had a look at the 1st step involved
in recovering monies owed to you, that being the Letter of Demand. This blog we
will be looking at the 2nd step in recovering monies owed to after
our Letter of Demand has not had the desired effect.
Statement of Claim
The filing of a Statement of Claim is usually the 2nd
step in Debt Recovery Proceedings. After having offered the debtor the
opportunity to resolve the matter by amicable means, in filing a Statement of
Claim you are commencing proceedings to seek the court’s assistance in the
recovery of those monies outstanding to you.
A Statement of Claim is a document which is filed with the
court which sets out the following:
- Who
the plaintiff is, e.g. an individual or a corporation;
- Who
the defendant is, e.g. an individual or a corporation;
- What
your case is about;
- What
you are owed;
- What
relief you are seeking, e.g. interest, legal fees etc.
In processing this document with the court, the Registry
staff will indicate on document the date and time when the matter is first
listed before the court.
Once filed, the Statement of Claim must then be served upon
the defendant.
Regulations pertaining to service are complex and must be
strictly adhered to. Failure to comply with rules of service can mean that the
court may rule that the Claim has not been properly served upon the defendant
and the matter is unable to proceed until effective service has been carried
out.
If you have an outstanding debt and require help in recovery
of this debt, please do not hesitate to contact James at Bird Legal on 6331
7700 or email him at james@birdlegal.com.au.
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