Debt Recovery
Perth Debt Collection Lawyers
In Western Australia if you have a costs recoverable clause in your contract you will recover all of your legal fees charged by your Perth Debt Collection Lawyers. If you don't you will generally recover two thirds of your legal fees. If you are confused about debt recovery then that is not your fault. It is the fault of the material that you are reading and the advice you are receiving from your Perth Debt Collection Solicitors.
Our rates are generally 20% lower than the rates charged by most commercial law firms.
At Aherns Solicitors Perth and Fremantle we believe that clients seeking debt recovery services can obtain the best services from our law firm.
Debt collectors charge commissions. We don't.
Debt collectors collect the easiest debts first. We don't.
The greatest threat to debtors, including individuals and companies is the service of a summons. Phone calls can be avoided, letters ignored. If our opinion in this matter is wrong then why do collection agencies all have lawyers working in house or have them on hand to institute legal proceedings. Collection agencies collect easy debts. It is a letter of demand from a lawyer that is most effective.
At Aherns Lawyers our letters of demand explain to debtor companies and individuals that if legal proceedings are required to be instituted against them those proceedings will include a claim for interest on the debt and a claim for the costs of the proceedings to be paid by the debtor. In our experience our letters of demand have significant prospects of success. If they are not successful then clients are urged to proceed immediately to a summons.
Debt collection agencies go on verbatim about their debt recovery programs. Debt recovery however, is simple. We issue a letter of demand and then you sue. 30 – 50% of debtors will respond to a well crafted letter of demand. If their proposal is unsatisfactory you proceed to a summons. It is as simple as that.
If you have a costs recoverable clause in your contract you will recover all of your legal fees. If you don't you will generally recover two thirds of your legal fees. If you are confused about debt recovery then that is not your fault. It is the fault of the material that you reading.
Hourly Rates
Because our practice is located outside of the Perth CBD our hourly rates are 30% lower than the standard rates charged by most Perth Law Firms practising in commercial law and commercial litigation in Perth.
We deliver practical cost effective legal advice. Our rates are generally 30% lower than the rates charged by most commercial law firms
See the Hourly Rates page on the website for more details.
Always Have Costs Clauses In Your Contracts
A contract can be a very simple one paragraph piece of paper and if you are selling something or supplying a service you should always have one.
When you get on a bus you get a ticket with terms and conditions on the back. If you are selling goods or services you should always have a contract and the terms of the contract can even by included on your written quote or in your invoice if it is given prior to the other party's agreement to pay you the fee. You can then have written in your contract a clause that provides for all costs of recovery of any outstanding debt to be claimable from the debtor. The clause must be well prepared but it is fairly brief and will allow you to recover more legal fees and other expenses that you have incurred then you otherwise would.
At Aherns Lawyers our experienced law clerks carry out your debt recovery instructions. Every case however is supervised by Marcus Ahern who has 20 years experience in the debt recovery field.
Western Australia Debt Collection Procedure
The procedure to be followed by Perth Debt Collection Lawyers is set out in the Perth Magistrates Court Rules and in the Western Australian Supreme Court Rules. The chart below serves as a guide to the Western Australian Debt Collection Procedure however different Perth Debt Collection Lawyers will recommend different procedures as being appropriate to the facts and circumstances of each Perth Debt Collection case.
It is always useful to remind debtors once judgment has been obtained that costs of executing the judgment will be added to the debt. We always recommend a letter of demand be sent on our letterhead before a summons is issued and we also recommend that a further letter of demand be sent after judgment is entered.
Demands on a lawyer's letterhead have an impact.
Whilst the court procedures available never vary it is important not to adopt a rigid formula to every debt recovery case. Varying the formula can sometimes be difficult for Perth Debt Collection Solicitors who only take instructions from debt collection agencies. At Aherns Lawyers we will speak to every client about every debt including seeking alternative addresses for letters to be sent to cause maximum prospects of early recovery.
The Magistrate's Court Act came in to effect on 2 May 2005 and includes the following legislation:
- Magistrate's Court (Civil Proceedings) Act 2004;
- Magistrate's Court (Civil Proceedings) Rules 2005;
- Magistrate's Court (Fees) Regulations 2005;
- Magistrate's Court Act 2004;
- Magistrate's Court Act 2004;and
- Magistrate's Court Fees.
This legislation served to increase the jurisdiction of the new Magistrate's Court from the old Local Court jurisdiction from $25,000 to $50,000.
The amendments should serve to make legal proceedings involving disputes over sums of money up $75,000 easier. Previously these proceedings had to be instituted in the District Court of Western Australia which generally involved more expense and lengthy proceedings. Generally speaking trials in the local court are scheduled far earlier and involve far less expense although we are now seeing that the rules in the Magistrate's Court are fairly complex and will involve a reasonably long settling in period
