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
- ASIC registers
- PPSR Conditional educational draft; general information only.
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