Shire Legal has acted for numerous clients chasing their customers for unpaid debts. After sending a letter of demand to the debtor, we file a Statement of Claim in the appropriate Court, claiming not only the actual amount of the debt, but also interest on the unpaid amount, the scheduled legal fees and the Court filing fees (interest on the unpaid debt continues to accrue at the scheduled rate until the debt is paid). More often than not, the debtor will not file a defence, therefore once 28 days have elapsed, we are able to apply for default judgment. Once default judgment is granted by the Court, we are able to file a garnishee order with Court, requiring the debtor’s bank to pay the amount of the judgment debt to our client.
If the debtor is employed, it is open on the creditor to apply for a garnishee order which requires the debtor’s employer to pay the judgment debt from the debtor’s wages. In this instance, the debtor is allowed to be left with a minimum amount of money to live on (currently $458.40 per week).
If you are owed a debt, or if someone is chasing you for a debt, contact Shire Legal for advice regarding your options.