Is your business flailing in the face of unpaid debt? Are your efforts to recover what is owed to you falling on deaf ears? We’re in the business of recovering debt, day-in and day-out, having established a renowned, proven and affordable recovery and collection service.
Debt Recovery Lawyers for Clients Across Australia
What We Do
Meet Our Experienced Debt Recovery Lawyers
Our debt recovery team are experienced in even the most complex situations. Whether you’re a creditor in financial distress or a debtor being pursued for outstanding debt, you’ll need quick, efficient and strategic legal support. Trust in those with a proven track record.
People want to work with people, which is why we ensure our lawyers are exactly that. Our culture is founded on relationships, built over time by taking the time to get to know you. We're proud to be the firm of choice for so many, who find peace of mind that they can call on a trusted, relatable advisor when they need them.
Legal jargon has its place, but what takes priority in our firm is understandable advice. Our tactical guidance is as good as it gets, and a cut above when delivered to clients in a manner they understand. Our professionals come from a variety of backgrounds and life experiences meaning they're relatable and speak your language.
Real People. Real Lawyers
When you're on the brink of a difficult legal dispute what you don't need are cold boardrooms and stuffy corporates. Our team are approachable, relatable and focused on what matters to you. We ensure you feel at home and supported by a trusted team throughout your experience - it's our people skills that set us apart.
Your Debt Recovery Questions, Answered
How many debts are able to be submitted at one time for collection?
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.
Is there a minimum amount of debt that RCR will recover?
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.
Is my bad debt able to be default credited?
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.
Is there a maximum amount of time before a debt can be collected before it is lost for good?
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.
Do I have to pay a commission if I am successful in getting my debts back?
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.
What is the usual lead time before RCR forwards on my recovered debts?
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.
Am I able to recoup collection costs from debtors?
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.
Is there a debt recovery specialist in my area?
Rostron Carlyle Rojas Lawyers have dedicated teams in Brisbane and Sydney, servicing clients Australia wide to recover debts across all states and territories.
How long does the usual collection process take?
- 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.
Recover your debt today
Request a free callback from one of our experienced debt recovery practitioners today who can discuss your circumstance and get you back on the right track. You've got nothing to lose and everything to gain.