Are you owed money that you would like to collect?
If so, you can take legal action to recover it with Hinde Ginges Boyd Lawyers.
We can assist you with:
- Preparing a Statement of Claim – used to demand either payment or defence of the matter within 28 days (after the Statement of Claim is served); and with
- Entering Judgment against the debtor (when no action is taken within 28 days).
Once Judgment is entered, a number of procedures are available to enforce it. We can assist you with Writs (seizure of goods to sell in order to repay the debt), Examination Summons (requiring the debtor to attend Court to display how they will satisfy the Judgment), and Garnishees Orders (whereby the Court can order a third party to pay money to a creditor instead of a debtor), and Bankruptcy.
If an individual is declared bankrupt by the Court, a Trustee is appointed to take control of the bankrupt person’s estate in order to turn the assets into cash and to distribute the proceeds of the estate to the various creditors in order of priority laid down in the Bankruptcy Act.
Bankruptcy proceedings are generally commenced in the Federal Circuit Court . We can assist you by attending to the preparation and service of a Bankruptcy Notice and in the commencement of bankruptcy proceedings should the Bankruptcy Notice not be complied with.
When a company is declared insolvent the Court has the power to ‘wind it up’ and appoint a Liquidator, whose responsibility is to turn the assets into cash and distribute it in the order set out in the Corporations Act.
Winding up proceedings are commenced in either the Supreme Court or the Federal Court. We can assist you by attending to the preparation and service of a Statutory Demand and by filing an Originating Process should the Statutory Demand not be complied with. If the Court is satisfied that the company is insolvent, it can then appoint a liquidator.