Litigation
If someone owes a debt to you and they are not responding to your letters of demand, then you have two choices: either walk away and do nothing; or sue them by commencing Court proceedings (litigation).
What happens if you have suffered a loss?
Depending on the type of loss or how much your claim is worth, your claim will be in either the Magistrates, District or Supreme Court. The basic process is the same in all three. Consult your lawyer, receive advice on your position, issue letters of demand. If those steps are ignored, give your instructions to draft a statement of claim to be filed in the Court and then served on the other side.
The other side will then have 28 days to respond with their defence.
What happens if they don’t respond?
If they do not, then you can apply for default judgment - i.e. an order that you get everything you asked for, plus interest and any legal costs incurred. Equally, if you have been served with court proceedings and you require advice as to your rights in defending the claim we can work with you at every step of the process. We have extensive experience in all types of claims in all Courts of Australia.
Contact Ricketts & Associates to find out how we can help you.