Debt Recovery Lawyers Perth and Western Australia

Summers Legal is a distinguished law firm that specialises in providing comprehensive and tailored debt recovery legal services. Our litigation and dispute lawyers advocate for individuals and businesses in need of professional legal assistance to either recover debts or defend against claims.

Our team of experienced lawyers have extensive experience in debt recovery. With a keen understanding of the complexities of the financial landscape, our team can navigate the nuances of each case to devise the best strategy to suit our clients’ objectives.

Debt Recovery Services

  1. Letter of Demand Drafting: Drafting and sending a formal letter to the debtor, urging them to settle the outstanding amount within a specified time frame.
  2. Negotiation and Mediation Services: Acting as intermediaries to negotiate settlement terms between the parties, aiming for a mutually agreeable resolution without resorting to court action.
  3. Debt Investigation and Location Services: Tracing and locating debtors who are difficult to find and collecting necessary information to pursue debt recovery actions.
  4. Preparing and Lodging Legal Documents: Assistance with preparing and filing the necessary court documents for initiating legal proceedings in cases where the amount owed is not being paid.
  5. Dispute Resolution: Providing assistance in resolving disputes that may arise in the course of debt recovery, whether through mediation, arbitration or court proceedings.
  6. Debt Agreements and Repayment Plans: Assisting in the structuring of agreements and repayment plans to facilitate the resolution of outstanding debts.
  7. Representation in Court: Representing clients to secure the recovery of outstanding amounts; and exploring civil judgment enforcement options in accordance with the Civil Judgments Enforcement Act 2004 (WA).
  8. Enforcement of Judgments: Taking actions to enforce a judgment in favour of the creditor, such as garnishing wages, seizing assets, or conducting property sales.
  9. Defending against Debt Claims: Providing legal counsel and representation for those facing claims from creditors, including disputing the legitimacy of a debt.

Speak To a Debt Recovery Lawyer

Our debt recovery lawyers are here to offer you a seamless and efficient experience throughout the debt recovery process. Whether you are initiating a debt recovery action to recoup unpaid debt or defending against a claim, our team is committed to providing prompt and decisive legal support.

We know that time is crucial, and our overriding priority is that our legal fees don’t end up costing more than what our client is trying to get back. We focus on practical, cost-effective approaches to make sure we’re handling your claims or defenses efficiently and sensibly.

We’re here to make the legal side of things easier for you and help you work toward a solution that makes financial sense. If you’re in need of assistance or have any questions, don’t hesitate to give us a call at (08) 9420 8222.

Our Debt Collection and Recovery Process

If a debtor owes you money, there are various methods you can employ to assist in securing the payment that is owed to you. Our team will usually follow this process:

  1. Client Consultation: Initial consultation to understand the specifics of the payment in question, and review any relevant documentation and communications between the client and the debtor.
  2. Debt Assessment: Assessment to ensure it is legally enforceable under WA laws and evaluate the debtor’s capacity to pay and advise the client on the best course of action.
  3. Sending a Letter of Demand: A Letter of Demand is sent to the debtor. This formal letter requests repayment by a specified date and may outline potential legal action if it is not settled.
  4. Negotiation and Payment Plans: If the debtor is responsive, the law firm may negotiate a settlement or arrange a payment plan.
  5. Initiating Legal Action: If there is no response or resolution, the firm may advise initiating legal action by lodging a claim with the Magistrates Court of W.A. for debts under a certain threshold, or the District Court or Supreme Court for larger debts.
  6. Court Proceedings and Judgment: During the court case, both parties, including debtors, will present their case. If the court finds in favour of the creditor, it will issue a judgment debt, which is an order for the debtor to repay the amount owed. You then possess the right to enforce payment for a duration of six years following the issuance of the judgment.
  7. Enforcement of Judgment under WA Legislation: If the debtor fails to comply, a lawyer can take steps to enforce it under the Civil Judgments Enforcement Act 2004 (WA). This could include measures such as a Property (Seizure and Sale) Order, Garnishee Order, or a General Procedure Claim for larger debts.

Please note that this is a general overview, and the specific steps might vary depending on the case.

Frequently Asked Questions

When to Use a Lawyer Over A Debt Collector to Recover Outstanding Debt?

Opting for a debt collection lawyer over debt collectors offers several advantages in recovering outstanding debts. A lawyer will possess legal expertise, ensuring compliance with laws and regulations.

They can provide formal representation in court if legal action is necessary, and their involvement often conveys a sense of seriousness and urgency to the debtor. Additionally, lawyers are skilled in negotiation, can prepare and file legal documents such as letters of demand and bankruptcy notices, and are bound by ethical standards.

A debt collection agency usually operates on a commission basis, taking a percentage of the recovered amount, while a lawyer will often offer fixed legal costs, which could be less expensive in certain cases.

Though potentially more costly upfront, a lawyer can offer a tailored legal strategy, protecting your rights and interests, and often achieving more favourable outcomes in complex cases. This can be particularly beneficial when managing large outstanding debts.

What Is the Statute of Limitations for Debt Recovery in Western Australia?

The statute of limitations for debt recovery in Western Australia is 6 years, allowing creditors this timeframe to take legal action to recover the money owed by debtors if it hasn’t been paid.

What Are My Options for Debt Collection?

Your options for debt collection in W.A. include hiring a debt collector for a more hands-off and often cost-effective approach, or engaging a lawyer if the case is complex and may require legal expertise. Sending a letter of demand is a common initial method to request the debtor to pay what they owe.

Debt collectors are typically used for straightforward cases, while lawyers are more suitable if you anticipate disputes or legal complexities. Additionally, lawyers can guide you through the full range of enforcement action options, such as seizing assets or garnishing wages, to ensure the amount owed is paid.

Words from our Clients

  • Expert commercial lawyers who we have been using for nearly 3 decades. Highly recommend them for expertise in all commercial and property matters.

    Cocos Restaurant
  • First-class Legal Service from Paul Summers. Highly qualified and experienced in Law relating to my business. I was well equipped with knowledge from my consultation. This Law firm is one you can trust on every level. I will recommend and use it again
    Ilòna Jeffs

    Ilòna Jeffs
  • If only all people were so helpful the world would be a better place. Excellent is the word to describe their work.

    Miriam Mondaca
  • Paul Summers and his team are the best legal team I know in Perth. The very best commercial outcome.

    Kamran Gaeini
  • I have personally used Paul Summers and Summerslegal to act on behalf of a number of companies that I have been involved with both in the private and public sectors over the last 20 years. His advice and the advice of his firm has always been excellent and I can highly recommend his services and often do!

    Todd Zani
  • After a lengthy and drawn out business purchase, I’m so glad to have come across Paul Summers. Despite never having met (located interstate but needing a WA based solicitor) Paul treated us like long time clients and looked after us right throughout. We are so grateful – thank you!

    Erin de Angelis
  • Absolutely blown away by Paul Summers. Despite being new to property development and not knowing a lot about Shareholders/Joint venture Agreements etc he took me seriously and invested his time to help and guide me in the right direction. Other lawyers, I called just put me in the too hard basket. Definitely recommend his service.

    Benjamin Herzog
  • A professional, timely and well-executed job with my legal matter. Thanks, Paul!


Please contact the Team at Summers Legal today.