In the civil registry within the New South Wales (NSW) Local Court, a statement of claim for a liquidated debt is a common legal tool used to recover a specific sum of money that is owed. The defendant in any proceedings has the opportunity to respond by filing a defence.   In our experience, in most cases a defence is not filed. It may happen once in every 20 or 25 cases. Even less cases proceed to a final hearing, with most settled during case management. However, the process can become intricate when the defendant decides to defend the claim.   This article outlines

Introduction   In Australia, creditors have various enforcement procedures at their disposal to recover debts from judgment debtors who fail to pay judgment debts. A judgment occurs when a court rules in favour of the creditor because the debtor has failed to respond to legal proceedings, or a matter has been heard by the court and the court has found in favour of the creditor.   Judgment is a court order that the debtor owes the judgment debt amount, plus interest and legal costs, and is legally obligated to pay the creditor. However, obtaining a judgment does not automatically result in payment; creditors often

Ombudsman report finds Revenue NSW engaged in ‘maladministration’ by taking money directly out of millions of bank accounts. The New South Wales government’s debt collection agency broke the law when it used an automated system to withdraw money from millions of bank accounts to claw back unpaid fines, a scathing report has found. The NSW ombudsman Paul Miller’s report, released on Tuesday, found Revenue NSW’s use of AI to generate garnishee orders broke the law from its introduction in 2016 until 2019, and that it was “wrong” until March 2022. A garnishee order is when Revenue NSW takes money directly out of people’s

Enforcing a judgment debt in New South Wales refers to the legal processes that a creditor can undertake to compel a debtor to pay what they owe pursuant to the orders contained within a court judgment.   When a creditor has obtained a judgment against a debtor and the debtor fails to pay the judgment debt amount voluntarily after being issued with post judgment demands for payment, there are several enforcement measures available under NSW law. Laws in other states have similar enforcement methods but for the purposes of this article we will concentrate on NSW enforcement procedures.   The three methods for enforcing

Further to our recent article regarding issuing a Statement of Claim, you may recall that there are several ways that defendants usually respond: Pay the Statement of Claim amount, which is the debt amount plus the legal costs and interest, within 28 days of being served. Apply to the court to acknowledge the debt and make an application to pay by instalments. Contact the solicitor acting for the Plaintiff creditor to negotiate settlement. File a defence to the Statement of Claim with the court. If this happens then the court will list a hearing date for a pre-trial review or

If a debtor is unresponsive to pre-legal demands and negotiations to settle a debt, then the matter usually proceeds to court to commence legal debt recovery proceedings.   When a client instructs us to collect a debt on their behalf, they usually do not want to take any further interest in the matter other than to provide instructions along the way and to receive updates about the progression of the matter.   However, it is prudent for clients to have a basic understanding of the legal debt recovery procedures. Over the next few weeks, we will be publishing articles that cover all aspects of

In 2024 NSW Credit Law will continue to provide the services that you know it well for.   A link to our list of services is provided below:   https://nswcreditlaw.com.au/our-services/   However, we will be expanding our list of document review and document drafting services to include personal legal documents as well as commercial legal documents. A non-exhaustive list of documents we will be providing services to review, and draft is provided below, however, the total list extends to over 300 documents, so if you have any queries with regards to any of our services please do not hesitate to get in touch:   Business   Sale Agreements Confidentiality Agreements Amendment Deeds Deeds of

A trust is a legal relationship where a person, known as the "trustee," holds and manages assets or property for the benefit of another person or group of people, known as the "beneficiaries." The trustee has a legal obligation to act in the best interests of the beneficiaries and manage the trust assets according to specific terms and conditions outlined in a trust deed or agreement. Here are some key characteristics and concepts related to trusts in Australian law:   Trust Deed: A trust is typically established through a written document called a trust deed. The trust deed outlines the terms and

The Law Society of NSW has recently warned of an increasing number of scams affecting solicitors, businesses, and their clients. NSW Credit Law would like to ensure that all its clients are aware of possible scams and have some knowledge of how to identify and protect themselves against such scams. Scams Affecting Solicitors and Their Clients In the contemporary digital age, the internet has become a breeding ground for scams and fraud. No profession is immune to this menace, not even solicitors and their clients. This article aims to shed light on the various scams that have been affecting solicitors and their clients,

Types of Legal Claims in Australia – Part 2 Common Types of Civil Litigation Claims in Australia Debt Recovery - Claim for Liquidated Debt A claim for a liquidated debt refers to a legal action taken by a creditor or claimant to recover a debt that is well-defined and clear, in terms of the amount owed. The debt is considered "liquidated" because it is a fixed, ascertainable sum that is typically established through a contract, agreement, invoice, or other legally recognised document. Here are some key characteristics of a claim for a liquidated debt: Clear and Fixed Amount: In a liquidated debt claim, the