Debt Recovery Services

There is no minimum or maximum requirement in terms of how many debts you can refer to RCR’s debt recovery service to collect.  Provided that each of the debts are due and owing, RCR is ready to take steps to recover each debt from your customers.

If you have multiple debts owing by the same customer, you can send all those debts to RCR’s trained debt recovery lawyers and we will attempt to collect the entire amount that is due.

RCR will recover any debt amount requested by the client provided that the debt is due and owing.

Prior to commencing legal proceedings, RCR will advise you of the costs involved in taking such legal action.  We are plain and transparent at every step, so that you can make the best commercial decision for you on whether to pursue debt recovery.

Once Judgment has been obtained against the Defendant, it will be recorded on the debtor’s credit report and will likely remain there for a period of 5 years.

You generally have six years to take steps to recover the debt before it becomes statute barred and you can no longer collect it. That being said, the six-year period can be refreshed, for example each time the debtor acknowledges the debt in writing, or makes payment towards the debt.

As a law firm, RCR does not charge commission. Instead, RCR provides costs certainty by way of special fee arrangements for regular clients and upfront fixed fee quotes for new clients. Our costs are transparent and reflected in the costs agreement that we enter into with each of our clients.

Generally, and subject to client instructions, RCR will usually request debtors to make payment directly to you. However, if funds are paid to the RCR Trust Account by a debtor, RCR is required to deal with those trust moneys as directed by you, the client.

Moneys are generally remitted to clients within 24 hours of receiving client instructions to do so.

Provided that you have a properly drafted agreement with your customer. RCR can review your agreement and give you advice on changes if required.

Legal fees incurred in commencing legal proceedings are usually also recoverable from the debtor pursuant to the relevant Court scale if ordered by the court.

Rostron Carlyle Rojas Lawyers have dedicated teams in Brisbane and Sydney, servicing clients Australia wide to recover debts across all states and territories.

• While each matter is likely to differ based on the factual circumstances, RCR’s collection process typically begins by RCR issuing a letter of demand requesting the debtor to make payment in full within seven days of receipt of the demand.
• If the debtor does not comply with the demand, RCR will seek instructions to issue a Claim and Statement of Claim (Claim) in the relevant court against the debtor.
• The Claim and Statement of Claim then has to be served on the debtor (defendant).
• Once the debtor has been served, they will usually have 28 days to make payment in full or file a defence.
• If the debtor fails to either file a defence or make payment of the amount stated on the Claim, then RCR will seek client instructions to apply for default judgment.
• Once judgment has been entered, RCR will recommend an appropriate enforcement strategy with respect to the judgment debt.
• Enforcement options of the judgment debt, will depend on a range of factors including the amount of the judgment debt, and for example if the debtor is a company or an individual. Common enforcement options can include for example applying for a garnishee order, meaning that the debtor’s employer is ordered by the court to make payment directly to you from the debtor’s wage or salary. Alternatively, statutory demands or bankruptcy notices can be issued to require payment of judgment debts within 21 days.