The first step if you are owed money is to send what is called a letter of demand to the person who owes you the money.
You need to include the following in your demand letter: the amount owed to you together with copies of any invoice, bill or other document that evidences the amount owing and the requests you have made for payment.
You also need to include a statement that makes it clear that if the amount is not paid by a certain date then you will take legal action against them.
It is quite important to send the letter of demand by a method which will give you evidence of when you sent the letter, how and that you actually did. If you send your demand letter by mail, for example, ensure it is by registered post so you have a receipt; keep the facsimile transmission from any fax transaction; and ensure you keep the email if sent by email. If possible, it's a good idea to add an email receipt so you can show and have proof that your request for payment has been opened and read.
It is essential to have proof that you have requested payment and that your request for payment owed has been ignored. If the person owing the debt has not contacted you regarding this payment, a copy of the letter and its receipt can then be used in court to demonstrate that the person owing you money has knowledge of the debt and that you have contacted them to try to obtain repayment, which is a required step in court.
After sending at least one letter requesting payment, and should the debtor choose to ignore your letters of demand, the next step to take is to lodge a statement of claim with the court, which will ultimately result in a judge hearing your case.
Once a statement of claim is filed in court, the court stamps a copy which must then be served on the person owing the money. This must be done within 6 months of filing the statement with the court. The statement of claim cannot be served by registered post but must be done in a more formal manner. There are a number of ways to serve the statement of claim. The first is to physically hand it to the debtor, either yourself or you can hire a process server to do it for you. You leave the letter in the presence of the debtor should they refuse to accept it, if you or your process server explains the purpose and the contents of the letter.
In addition, the statement of claim may also be left at the business address of the debtor or a fee can be paid to the court to post the statement of claim directly to the debtor.
Ideally a debtor will settle the debt before a court date however you need to be prepared that this may not be the case and you may need court assistance to retrieve your money!
Want to know more? Click here for Free information on Letter of Demand. Australian legal agreements and forms from http://www.legal123.com.au/.
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