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What can I do if the debtor refuses to pay?

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The options include:

  • writing off the debt (if the amount is small or the debtor is impecunious);
  • suing the debtor and obtaining a Court judgment
  • bankruptcy proceedings – available if the debtor is an individual and you have obtained a Court judgment; or
  • issuing a statutory demand (if the debtor is a corporation and the debt exceeds $2,000);
  • winding up proceedings – available if the debtor is a corporation and has failed to have a statutory demand set aside).

 

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