Practice area

Debt Recovery & Civil Enforcement

Debt recovery is high-volume work where a wrong debtor, stale claim or wrong court is costly to undo. Software lines up the contract, ledger and a draft; the lawyer decides if the debt is due, in time and in the right forum.

Key facts

Tasks covered
14
Tasks with a step-by-step checklist
4
Local differences
2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Debt Recovery & Civil Enforcement
TaskHow AI is usedHuman involvementWhat the lawyer must review
Draft a letter of demand from the contract and the ledgerChecklistStart this taskSee suggested levelsWritten for New South WalesDraft a letter of demand from the contract, the invoices and a lawyer-approved chronology of the unpaid amount.YellowClose supervision
  • Read the draft against the contract and the ledger
  • Remove interest, costs or allegations the instructions and contract do not support
Decide whether the claim is in time and in the right courtChecklistStart this taskSee suggested levelsWritten for New South WalesOrganise the candidate cause of action, the forum and the possible start dates into a table for the lawyer to decide whether the claim is in time.RedLawyer-led
  • Decide whether proceedings are in time and which court can hear them
  • Treat the generated table only as a list of dates to check
Draft particulars of a liquidated claimChecklistStart this taskSee suggested levelsWritten for AustraliaDraft particulars of a liquidated claim from the contract, the ledger and the lawyer’s chosen court form.YellowClose supervision
  • Read each particular against the source document
  • Remove uninstructed facts and figures that do not reconcile
Compare enforcement options after judgmentChecklistStart this taskSee suggested levelsWritten for New South WalesExtract the judgment amount, the date and the known assets into a comparison of the enforcement processes the lawyer has named.YellowClose supervision
  • Check the judgment details against the sealed order
  • Do not treat a list of options as advice to issue a particular warrant or garnishee
Draft default or summary-judgment papers from the liquidated fileStart this taskSee suggested levelsUnder the lawyer's direction, work up the request for default judgment or the notice of motion for summary judgment, the interest-to-judgment and scale-costs calculation and the minute of judgment sought, from the contract, the ledger, the demand and the court form the lawyer has named. The tool writes no part of any affidavit in the pack — not the affidavit of debt, not the affidavit of service, and not the affidavit verifying the facts and the belief that the defendant has no defence — no draft, no scaffold, no suggested paragraphs; on those it only indexes the exhibits, lists ledger entries with no source document, and checks the lawyer's sworn draft against the ledger and the court's form.YellowClose supervisionCheck the judgment sum, the interest period and rate and the costs claimed against the ledger, the contract and the current scale, and confirm the default or summary-judgment ground is made out under the rules of the court the claim is in. The affidavit of debt and the affidavit of service are the lawyer's own drafting: check every figure, date and exhibit reference against the source documents, and satisfy yourself the deponent has the knowledge deposed to, before it is sworn and filed.
Draft an instalment or settlement agreement from the approved termsStart this taskSee suggested levelsProduce a first-draft instalment deed or consent judgment from the lawyer's approved payment plan, default clause and release.YellowClose supervision
  • Check the arrears figure against the ledger
  • Do not accept a release that is too wide: it is worse than no deal
Draft a statutory or insolvency demand from the judgment or the debtStart this taskSee suggested levelsThe lawyer writes the demand; the tool extracts from the sealed judgment, the invoices and the ledger the amount outstanding at the date of the demand and the debtor's exact name, ACN and registered office or service address, lists every figure in the lawyer's demand that no judgment line or ledger entry supports, and checks the lawyer's demand against the current prescribed form and the stated 21-day compliance period. It writes no part of the statutory demand or the bankruptcy notice application, and nothing at all of the affidavit verifying the debt that a demand for a non-judgment debt must carry — no draft, no scaffold, no suggested paragraphs.RedLawyer-ledThe lawyer confirms the demand is their own words, that the amount demanded is due and payable and reconciles to the cent with the judgment or the ledger at the demand date, that the debtor's name, ACN and the address for service are the ones on the current search, and that the form, the signature and the compliance period are the current prescribed ones. The lawyer swears or obtains the verifying affidavit themselves, and satisfies themselves that no genuine dispute or offsetting claim makes the demand the wrong step, before it is served.
Draft an examination, garnishee or third-party debt application from the asset notesStart this taskSee suggested levelsFrom the judgment and the known-asset notes, produce first-draft examination or garnishee papers using the process the lawyer has chosen.YellowClose supervision
  • Check the sealed judgment details
  • Do not treat a generated asset list as a search
Check the claim pack against the current form, fee and registry rules before filingStart this taskSee suggested levelsCompare the completed originating document, particulars, party details and verification against the current form version, filing checklist and fee scale for the court and stream the lawyer has chosen, inside the firm's validated recovery template, and list every mismatch, blank field and stale form reference.GreenLawyer reviewConfirm the court and stream are right for the amount claimed and the relief sought, check the party names and entity type against the company and land searches, and sign the verification or certificate personally.
Reconcile the debt, interest and recoverable costs to the judgment dateStart this taskSee suggested levelsExtract the transaction entries from the ledger and the statements, recalculate interest for each period against the basis, rate and rest days the lawyer has specified, compare the result against the amount claimed, and flag every entry with no supporting document. It writes nothing into the affidavit of debt, the request for judgment or the demand.RedLawyer-ledSelect the interest basis and verify the rate against the current instrument for the period, decide which credits and costs are recoverable, and settle the figure that goes into the sworn material and the judgment personally.
Assemble the service evidence before asking for default judgmentStart this taskSee suggested levelsIndex the service attempts, addresses, dates, post and courier records and searcher notes, compare each against what the rule requires for this party type, and list what is missing, inconsistent or out of sequence. It writes nothing into the affidavit of service.RedLawyer-ledDecide whether service is good on each defendant, confirm the entity type and the last known address against current searches, and have the affidavit sworn from the deponent's own knowledge.
Build the debtor's means and asset picture before choosing an enforcement stepStart this taskSee suggested levelsOrganise the searches the lawyer has ordered — company and business-name extracts, land titles, personal property security, vehicle and bankruptcy searches, and the ledger's payment history — into one profile per debtor, keep every entry tied to its source and date, and flag entries that match only on name, on an old address or on a superseded entity number.YellowClose supervisionDecide which entries actually belong to this debtor before any step issues, confirm the debtor's identity and entity type against the judgment as entered, and check the currency of each search.
Work out the protected earnings and exempt property before an income or property enforcement stepStart this taskSee suggested levelsPopulate the firm's protected-amount worksheet from the debtor's pay or account data and the prescribed figure the template's rate source supplies, show the deduction and the retained balance for each pay period, and set out the arithmetic line by line with the source of each figure.GreenLawyer reviewVerify the prescribed figure against the current instrument for that state and pay period, confirm which payments and which items of property are exempt, and check the amount stated to the employer, bank or sheriff against the worksheet before it issues.
Register an interstate judgment for enforcement where the debtor or the asset isStart this taskSee suggested levelsAssemble the registration pack from the sealed judgment and the file: complete the receiving court's registration form and the notice to the judgment debtor from the judgment details, inside the firm's template, and diary the notice deadline and the receiving state's enforcement steps.GreenLawyer reviewConfirm the judgment is a registrable judgment of an Australian court rather than a foreign judgment under a different regime, that parties and amounts match the sealed copy exactly, and that notice of registration is given within the time the Act requires.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.

Precedents for this area

All precedents for Debt Recovery & Civil Enforcement. Signed-in accounts can read the full text.

Related tools

Related jurisdictions