Litigation & disputes

Business Debt Recovery in WA: What Should a Creditor Check First?

Before demanding or suing, confirm the debtor's legal identity, contractual basis, amount, due date, evidence, response, limitation position and apparent recoverability. A judgment is not the same as payment, so enforcement prospects and proportionality matter.

Checklist

  • Signed contract, quote or credit terms
  • Invoices, statements and payment history
  • Delivery or performance evidence
  • Complaints, credits and set-off allegations
  • Guarantees and security interests
  • Correct company or individual debtor
  • Insolvency searches and limitation date
  • Recovery costs compared with the debt A clear letter of demand should state the basis, amount, deadline and proposed next step without misleading threats. Court, statutory-demand and enforcement processes have different thresholds and consequences; choose only after legal assessment. Book a debt-recovery assessment after scope confirmation.

Sources

Written for general information and reviewed by Vinh Nguyen, Principal Lawyer. Western Australia law. This is general information, not legal advice about your circumstances.

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