When Courts start getting involved in debt recovery, it’s time to do something about it
A Statement of Claim is where a Court has issued a notice to the directors of a company to pay a debt that has been verified as due. Even though this is just the first step in the Court process, it’s not one to ignore.
If you’ve received a Statement of Claim, it’s important to get professional advice urgently so you can defend the claim. If you don’t, the Plaintiff can seek to have you defaulted and a Judgement Debt order passed.
What is a Judgement Debt?
If you don’t respond to a Statement of Claim within the 28-day notice period, the Court will order you to pay the Plaintiff the sum owed.
They (the Plaintiff) can have the Judgement enforced in a number of ways:
- Have a Writ of Possession issued in the Supreme or District Courts over land that you own;
- A Writ of Possession over a delivery of goods to you;
- Payment of the money owed by –
- A Writ for the levy property
- A Garnishee order
- A Charging Order (in the Supreme or District Courts)
Want to talk to us about Provisional Liquidation?
What should I do?
Statement of Claims might seem like a minor thing; but if you don’t act quickly the losses (as well as potential criminal liabilities) may be severe.
If you’re in this situation now, don’t delay in contacting us for assistance. We’ll look at how the situation came about and give you advice on your best course of action to resolve it.
Help for a Distraught Director and Accountant
Australian Debt Solvers were extremely competent and spent a great deal of time answering our questions. Everything was set out clearly and in a helpful manner with easy to understand instructions. Advice was given with the greatest consideration. I would strongly recommend them to anyone who needs help with company liquidation.
They answered every question we asked within a very short space of time. Nothing was too much trouble and they were very understanding – knowing how hard it is for a business to come to this decision.
I have told other Accountants about the great service they provide.
Keeping a profitable business, after the Court had appointed a Liquidator
We spoke to ADS after our company had already been wound up by the courts. We wanted the assets from the liquidated business, but didn’t know how to get them. We called Debt Solvers and they took care of everything….they got an “Authority to Act” from us, spoke to Deloittes who were the Liquidator, negotiated the sale of the assets, set up a new company for us…….and we are now going from strength to strength. Money was well spent with ADS!
Gary & Jo, UFIF Engineering
Turning around a company that owed too much to the Tax Office
Our company is a Medical recruitment agency with mostly Government based clients. We had a good sales forecast……but were heavily weighed down with debt, mostly from the ATO. I met with Debt Solvers….when I thought I was going to lose the business. They talked me through Voluntary Administration where you offer creditors a reduced amount, and you pay the reduced debt over 12 months – which is called a Deed of Company Arrangement. Our creditors agreed on the offer, and we have gone from strength to strength. ADS even organised a Debtor Finance company to assist with our cashflow at a reasonable rate. Considering I thought we were going to lose the business – an great result!
Shaun, Beat Medical
We’ve helped thousands of Australian Business Directors with the Lowest Price Liquidations in Australia!
Australian Debt Solvers takes up to 10 enquiries per day from Australian Companies that have debt issues. A lot of these have under $100,000 of unsecured debt, with no company assets, and simply need to close the company down. Debt Solvers does this for a fair price, efficiently and with empathy for the Director. It’s a service that has proven extremely useful for Directors, right across Australia.
A low cost Voluntary Administration service to get companies back on their feet
Australian Debt Solvers hears from a lot of Directors, where there company could be profitable and trading well, but they are being tied down by too much debt – of which the majority is usually the ATO. We have worked through with hundreds of companies – a Voluntary Administration – where we negotiate and reduced amount of debt to creditors over usually a 12-24 month period. This is called a Deed of Company Arrangement….and is an extremely effective method of assisting companies to “get back on their feet”. Debt Solvers charges a fair price through this process…….and it’s great to see a business go from strength to strength after this service.
Blows competition out of the water
Firstly Dave showed compassion when the other liquidator was very impersonal. Secondly Australian Debt Solvers are helpful – there was stuff Dave didn’t have to tell me as he is just dealing with our company not our personal affairs. However he answered all my questions which makes it easier and gives me a lot more confidence that we are not breaching rules as we wind down. Thirdly, the fee is so much cheaper than a traditional insolvency practice. So far I am very impressed with Australian Debt Solvers. I will post another review once we have completed the process.
OUR KEY CREDENTIALS
- In-house ASIC Registered Liquidators, Administrators and Receivers
- CPA and CA Qualified Accountants
- ARITA (Restructuring & Turnaround Association) memberships in-house
- Over 40 staff
- Offices in Sydney, Melbourne, Perth, Brisbane, Gold Coast, Adelaide, Townsville and Darwin
- One of Australia’s fastest growing insolvency firms
- Dedicated enquiry team with 24/7 service
- National legal network and expertise
- Diverse funding and finance options if required
- Rated 4.9 out of 5 on service review site Trust Pilot