Recovering debt.
Have you sold goods or services to a company and still not been paid? The team at Davenports Law can support you through the debt recovery process and advise you on what options are available to you to recover the debt.
Recovering debt from a company – what are your options?
If you have sold goods or services to a company and not been paid, there is a process available to you to recover the debt.
Written Demand
If you have been unsuccessful in recovering the debt yourself, you should instruct your solicitor to make a formal written demand to the company (the “debtor”). This demand will require that the debtor make payment of the debt within a certain, but limited, period of time.
A written demand from your solicitor puts the debtor on notice that you are progressing your recovery of the debt through formal channels, and in many cases can prompt the debtor to pay the debt immediately or to enter into a payment plan with you to repay the debt over a set period of time.
In the event you agree to a payment plan with a debtor, it is important to record this payment plan in a formal agreement. It may be appropriate to require the debtor to give you security for the debt, for example by way of a general security agreement or personal guarantees.
"A written demand from your solicitor puts the debtor on notice that you are progressing your recovery of the debt through formal channels, and in many cases can prompt the debtor to pay the debt immediately..."
Statutory Demand
A written demand can also be the opportune place to advise the debtor that you may issue a statutory demand against them if they do not repay the debt, or into a satisfactory arrangement with you.
A statutory demand is a formal document served against the debtor under the Companies Act 1993. It requires the debtor to repay the debt or enter into a settlement arrangement with you within 15 working days from the date that the demand is served. If the debtor does not satisfy your demand (or file a dispute in respect of the demand) you then can apply to the court to put the debtor into liquidation.
A statutory demand is a document that can have serious impacts on the debtor. As a result and when served in the correct circumstances, it can be a very effective option for recovering the payment of a debt. However, it is important to seek the advice of your solicitor before issuing a statutory demand to ensure that it is the appropriate course of action to take in your circumstances.
What if the person who owes me debt is not a company?
While a statutory demand can only be issued under the Companies Act 1993, there are other options to recover the debt from a person or an entity that is not a company.
For further Commercial Law advice, get in touch with Jeremy and the Commercial Law Team.
jeremy@davenportslaw.co.nz | 09 883 4420
