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Debt Collection and Insolvency

Debt Collection and Insolvency

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We advise companies and individuals on a range of debt collection, restructuring and insolvency matters.
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Personal Insolvency
Company Insolvency
Commercial Debt Collection

Taking the pain out of debt collection.

Chasing debt and unpaid invoices is never pleasant. At Sanicki Lawyers, we know this process can negatively impact your cash flow and business profits. Our experienced Melbourne lawyers can take control of the outstanding payments, advise you of your options and assist you in recovering the money you are rightfully owed. Involving skilled lawyers in the recovery process will make it clear to debtors that you are taking their inaction seriously and will ultimately save you valuable time and money which you can put towards running your business.

Experienced insolvency lawyers

If you owe money and have found yourself in a sticky situation, we also have extensive experience acting for individuals and companies who are being sued or who simply feel overwhelmed by their current financial situation.

We aim to limit and control, as much as possible, the problems that regularly arise when facing corporate insolvency or personal bankruptcy. From restructuring to urgent court action, our experience as leading insolvency lawyers in Melbourne allows us to respond quickly and advise you on the best possible outcomes.

Why choose Sanicki Lawyers?

Over time, our team of lawyers have developed fast and cost-effective processes to ensure that you become your debtor’s top priority. We can provide assistance to clients of all sizes including large businesses with multiple customers neglecting to pay and individuals recovering personal debts. At Sanicki Lawyers, we are proactive and assertive while making sure your reputation is kept intact.

Ready to navigate complex financial challenges with confidence? As experienced debt collection and insolvency lawyers, we are ready to offer expert guidance. Whether you’re seeking efficient debt recovery, strategic negotiations or insights into insolvency matters, we are here to provide comprehensive support.

Testimonials

The Sanicki Lawyers team make you feel so welcome, and explain fully costs and processes. It’s so comforting to be able to approach these guys and feel confident with what they do.

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— Gina C

Couldn’t have had a better experience. These guys are warm and efficient. Best!

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— Harry F

By having a Sanicki lawyer involved I feel peace of mind knowing the deal has every chance of coming to fruition. I can honestly say that Darren, along with his wonderful team, have saved deals for me on several occasions. Sanicki’s end to end service makes my business life much less stressful.

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— Steve P

Exceptional service from Sanicki Lawyers. I would never hesitate to recommend the team, and will certainly use their firm again for my business.

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— Julia N

Chelsea, Darren and the broader team at Sanicki Lawyers are an integral part of our business… It’s a bonus that they’re incredible to work with. We can’t recommend them highly enough – and wouldn’t trust anyone else with our contracts or business requirements

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— Giorgio M

Darren has an excellent team of friendly and accessible people who are both efficient and practical. I trust Darren and his team to deliver for my clients at the most crucial stage of their transaction.

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— Ian A

Our team has a wide scope of expertise and can advise on:

Debt Recovery Strategies

We provide a clear and straightforward approach to managing the debt collection process. Our goal is to offer you legal and practical options that ensure efficient and effective recovery of your funds.

Letters of Demand

We comprehensively set out and articulate the basis for your claim in a letter of demand, including the debt amount and any interest and costs that may be claimable.

Negotiation and Settlement

Should the need arise, we help you to negotiate settlement or payment terms to achieve practical and commercial outcomes.

Statutory Demands

We are experienced in issuing Creditor's Statutory Demands to debtor companies and commencing subsequent winding up proceedings where they are not complied with.

Litigation

If the debt remains unpaid or a satisfactory arrangement cannot be reached, we can swiftly initiate legal proceedings in the appropriate Court.

Frequently Asked Questions
(FAQs)

To recover a debt owed to you, your options include: a letter of demand – This is a formal letter containing a demand for payment within a specified timeframe, before commencing legal proceedings; a statutory demand – When a company owes you an undisputed debt, you can serve a statutory demand requiring the company to pay the debt within 21 days. If the company fails to comply, it is presumed to be insolvent and you can apply to wind up the company in insolvency; Commencing legal proceedings – Depending on the amount and nature of the debt, we can assist you to commence proceedings in the appropriate Court or Tribunal, such as the Magistrates’ Court, County Court, Supreme Court or VCAT; Enforcement of a judgment – If you have obtained a judgment from the Court in your favour, you can take further steps to enforce the judgment, such as obtaining a warrant to seize property or applying for a garnishee order.
If a company has multiple creditors and not enough assets to satisfy all of the debts (as is usually the case), the creditors are paid in the following order of priority: secured creditors – i.e. those who hold security interests, such as a charge registered on the PPSR; the liquidator’s costs (if there is a liquidation); priority unsecured creditors, such as employees who are not related to the company; and unsecured creditors.
If you become bankrupt, a trustee will be appointed to manage your bankruptcy, including payments to creditors. The trustee may sell your assets, and may also recover money or assets that you transferred before your bankruptcy. At the end of the bankruptcy period (normally 3 years), you will be released from most of your unsecured debts. Your name will be placed on the National Personal Insolvency Index and it may affect your ability to obtain future credit. You will also be unable to manage a company (e.g. as a director) without the permission of a court.

Enquire with an experienced debt collection and insolvency lawyer in Melbourne today

Melbourne

+61 3 9510 9888
9 Regent Street
Prahran, VIC 3181

Brisbane

+61 3 9510 9888
139 Gotha Street
Fortitude Valley, QLD 4006

Sanicki Lawyers acknowledges the Traditional Owners of the lands on which we work and live across Australia, and recognise their continuing connection to the land and community. We pay respect to Elders past and present.

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