What Does It Cost?
debtcollect is not a commercial agency so we don't charge any commission on what we collect for you
We suggest you read the "How does it work?" page before reading the following information.
You should make your own initial demands for payment from your debtor. If the debt remains unpaid, you can request that we instruct our solicitors to take immediate Legal Action or you can ask that they first send out their solicitor's Notice of Final Demand.
Notice of Final Demand: $40.00 plus GST
We have a solicitor post a special letter to the debtor under the solicitor's letterhead demanding payment by a specified date (normall within 11 days from date of posting). It warns that legal action will be taken if the payment is not made. It also seeks information from the debtor about why payment has not been forthcoming and invites the debtor to contact YOU directly about payment or dispute.
If you have already made sufficient demands and warned your debtor that you intend to take legal action, you can skip our solicitor's Notice of Final Demand and instruct us to commence immediate Legal Action
To commence Immediate Legal Action:
If you wish to commence legal action to collect a debt from an intransigent debtor, you automatically have the benefit of our Limited Legal Fee Scheme. This means that, while our solicitors will incur scale legal costs, those costs are payable by the debtor and are collected from the debtor together with your debt, the fees you paid plus interest. You are only required to pay us the following flat rate fees.
Uncontested Legal Action: $130 plus GST+ disbursements
To the administrative costs of having a solicitor prepare, file and serve a Statement of Claim ( what most people still call a "summons"), obtain default judgment, take enforcement action and send you the proceeds of the action.
... and that is all we will charge you!
The debtor is required to pay back to you most disbursements and to pay our solicitors their statutory legal costs. If you have an ABN you can claim back your GST component of our fee on your BAS. In most cases you will also be paid interest. The end result can be that collecting your debts virtually costs you nothing!
If the action is contested by the debtor and takes the matters to a court hearing:
Initial preparations for contested action:
To deal with defences, request for further particulars, notices to admit, offers of compromise, up to attendance at pre-trial review (for claims under $10,000) or call-over (for claims over $10,000), etc.
Final hearing of Small Claims Division action: $1080.00 + GST and any disbursements
To prepare witness statements, conduct final hearing of claims of $10,000 and under; being $720 to prepare and file and deal with witness statments and $360 to attend Small Claims heairng in Court.
Prepare more complex General Division action: $1440.00 + GST and any disbursements
To prepare witness statements, brief of evidence, attend 1st day of hearing, etc. for claims over $10,000 and up to $20,000. If a General Division matter takes more than one day of hearing time, each extra day will be charged at the rate of $360.00 per hour + GST up to a maximumof $1440.00 + GST. A barrister will normally be instructed to assist with the conduct of matters over $20,000. Matters over $20,000 will be charged at the normal hourly rate for the instructing solicitor of $360.00 per hour + GST
The above charges are payable upon the steps involved being taken and those marked in black can usually be recovered, in part or in full, from the debtor when you win.
You will be briefed and advised at each step of the process.
We aim for a result which is commercially sensible for you. There is nothing worse than a case where "only the lawyers win"
You are required to pay any fees and disbursements as they fall due so that we don't have to fund your action. This lowers our overheads, keeps our fees low and simplifies the whole process. It also means you don't get a nasty surprise bill at the end.
We collect much of our legal professional costs from the debtor. We wont be paid those amounts until we collect the money for you. This motivates us to work harder to collect the money as soon as possible and stops us from pursuing hopeless cases.
Disbursements are the external expenses, other than solicitor's costs involved in taking legal action.
The most common disbursements are court filing fees and fees for serving documents on people. These are controlled by the various State and Territory governments and vary according to the amount of the claim and the State or Territory in which the action is taken. Disbursements must be paid at the time they are incurred but most can be added to the debt and are therefore paid back to you when the debt is finally paid.
To give you some idea of court disbursements you may wish to click on the following link to view scales of Court Filing Fees in the N.S.W. Local Court. The Local Court deals with claims up to $100,000.
Sometimes it is necessary to incur disbursements for services such as searching for debtors who have "skipped town", ascertaining the proper legal status of a business name or to check if a debtor has gone into bankruptcy. We will advise you of any such requirements and seek approval to incur such costs on your behalf as set out below: