Debt Recovery Lawyers Perth | Recover What You're Owed

Debt Recovery

There are three ways to collect a debt:

Do it yourself – by sending a letter of demand advising that you will place the matter in the hands of your solicitor if the amount owed is not received within 7 days.
Use a debt collection agency – who will send letters and make phone calls.
Use a lawyer – who will send letters, make phone calls and/or issue a claim, writ or a statutory demand.

Benefits of using a lawyer

A lawyer uses his or her skill and knowledge of breach of contract and legal solutions in contract law to suit your case.

Note – a debt collector will charge you a fee to use a lawyer if legal action is required.

What is the process of recovering a debt through a lawyer?

You should provide your lawyer with all invoices and other documentation that sets out the details of the debt you wish to recover.

Your lawyer will explain the alternatives available to you and may counsel you on the best and most economical way to recover the debt.

It must be understood that engaging a lawyer and/or a debt collection agency to recover a debt is no guarantee of success.

However, if you register legal action against your debtor and they are unable to pay at the time, your right to enforce payment of the debt remains open for six years after a judgement is obtained. Should their circumstances change during those six years you can proceed with enforcement of your judgement.

If you wish to recover a debt, or alternatively have been requested to provide money you owe, please do not hesitate to contact us to make an appointment with our expert dispute resolution lawyers, so that you have the right legal advice to protect your interests.

Other Dispute Resolution Services

Court Proceedings

The court has a process of defining the dispute, disclosure of evidence and mediation…

Mediation & Arbitration

Powerful tools used by lawyers to settle disputes without the use of court action…

Negotiated Disputes

Depending on the matter, there are different processes that occur in litigation…

Our Expert Team

Steven Brown

Director

Steven is a Perth lawyer and director, and has over 20 years’ experience in legal practice and practices in commercial law, dispute resolution and estate planning. As a principal of Lynn & Brown Lawyers, Steven is focussed on providing commercial...

Chanelle Kane

Lawyer

Chanelle has been in the industry since 2013 and graduated with a Bachelor of Laws in 2020. Chanelle completed the Graduate Diploma of Legal Practice with the College of Law in 2020 and was awarded the 2020 PLT Professional Excellence Award for the cohort....

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With our agreed fixed pricing

Testimonials

Cherry’s Catering has been involved with Lynn & Brown Lawyers and their team for over 10 years! I always find them and their service to be of the highest quality. I would highly recommend their services to anyone looking for a law firm. Deb – Director, Cherry’s Catering

- Deb

I am happy with the work I have to say, and also in a few matters they have given me info which saved me time money and stress. I will be using their expertise again in the future for sure. Thank you :) Simon

- SimonSays

Lynn & Brown Lawyers is a family business that has a fixed price fee structure and operates under great vision and values.

- Nigel

I can highly recommend Lyn & Brown Lawyers. They delivered the outcome as promised on time and on budget. Very easy to deal with.

- Anita

They were very professional in all aspects.

- Rani

Professional, easy to deal with.

- Gavin

Frequently Asked Questions

Are there alternative solutions?

If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing or it may require them to do something.

How is negotiation used to resolve conflicts?

For negotiations to be successful, it usually requires both parties to compromise from their best case scenario. The benefits of a negotiated resolution is that the dispute is finalised, you take the risk off the table of a worse result occurring, you will limit your legal fees and you will avoid the ongoing stress and uncertainty of litigation.

How long do I have to commence litigation?

Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. Limitation periods vary for different types of matters. You should seek advice as soon as possible.

What are the outcomes of litigation?

What does litigation involve?

It involves commencing proceedings in court to resolve a dispute. The first stage usually involves what is known as pleadings. Pleadings are a formal way to tell the court and the other party your story. The plaintiff will file at court a statement of claim and the defendant a defence. After that occurs, often a process known as discovery occurs. During this stage, each party must disclose to the other all documentation they have relevant to the matter. The parties are then usually directed to a court-based mediation. If the matter is still not resolved, it will proceed to a trial-based resolution.

What happens if you are being sued?

If you have received court proceedings or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Time is of the essence because you usually only have a limited amount of time to respond. If you do not file a response in time, the other party may obtain judgment against you. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for you.

Fact Sheets

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(08) 9930 5085

Debt Recovery