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LEGAL ACTION

Should I proceed with legal action and what are my alternatives?

Before proceeding with legal action there are a few things to review. These may include:

  • Can the debtor pay the account, or has the means by income or assets?
  • If suing a company; Is the company still trading? Are they in liquidation? Do I have a guarantee?
  • Are there any genuine disputes over the debt?
  • Is the debt large enough to fight for in court and incur large solicitor bills
  • Are they still at the given address?
  • Is the debtor prepared to settle before it goes to court?
  • Is it large enough to spend a couple of hundred dollars on initial court fees?

Who can I sue?

A small claims action can be brought against a person (sole trader), a group of people (partnership) or a corporate entity (company, incorporated association).

Small claims are handled in the Local Court for balances under the amount of $10,000. Claims above $10,000 and less than $60,000 can still be heard in the local court however are listed for the General Division. Costs vary between the two divisions.

Before Legal action on a business or company name a company search is a must. This will correctly identify the full name of the company and provide you with the registered address for service of the claim.

You can access a free preliminary search through the Australian Securities and Investments Commission's (ASIC) National Names Index which can be accessed free, via their website.

A fee however will be applicable to obtain a registered office, director name and address search.

Nautilus Investigations can proceed with legal action on your behalf, and if required for any defence we have solicitor standing by to assist with any case.

FEES: (Current as of 1/09/07) (ALL Fees Inclusive of GST)

Last Fee Increase by Local Court of New South Wales - Updated 1st July 2007

CORPORATION FEES (IE PTY LTD)

Balance: Court Fee + Nautilus Admin Fee
0 – 9,999

$401.00

   
10,000 – 20,000

$770.00

Writ of Execution $230.00
Exam Fee $280.00  Includes a Service fee of $55.00 for examination
Service Fee Included in fees for Capital Cities -  Non Capital and Country areas add $99.00 to above fees.

PLEASE NOTE:  IF YOU ARE ISSUING A CLAIM AGAINST A COMPANY,  A COMPANY ASIC SEARCH MUST BE COMPLETED. 

Court Attendance Fee $110.00 for 1st Hour then $99.00 per hour or part thereof. (Min 2 Hours)

All defences will be handled by a Solicitor. POA

All other fees by application

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