Everyone hates owing or losing money- period.
Having to deal with situations where money is involved can be stressful and sometimes distressing.
A lawyer for debt collection can help in such cases through well established legal proceedings for pending debts in the State of Victoria and Australia generally.
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The Court has a wide assortment of options available for the collection of your money. These include:
RECOVERING EXISTING DEBT
Our solicitors are well-versed with the legal approach involved in the debt recuperation proceedings in Victoria.
Right from framing an effective and legally sound letter of demand to seeking the final judgement from the court, our debt recovery lawyers take a firm stand by your side through all stages of the process. Our lawyers are at home with the process of enforcing judgments and can effectively lead the process right through to bankruptcy or company winding up proceedings if available.
We are well acquainted with debt litigation costs and whether it is commercially viable to proceed to Court and likelihood of success.
NEVER LETTING IT HAPPEN AGAIN
We at Impex Lawyers and Advisers believe, “Prevention is cheaper than cure“.
One way to protect against bad debts is to get your contracts, trade agreements and terms of trade thoroughly reviewed. We can help you make sure that your terms are clear so you can avoid lengthy and costly litigation proceedings in future.
Debt recovery is the legal process in which a creditor can initiate to get back the money that is owed by the debtor. An approach to debt recovery is to prepare to take court action. The first step is to send a formal letter to the customer, letting them know what you plan to do. A letter of claim advises that you intend to sue them unless they settle their account by a specified date.
Yes, debt collectors have to provide proof of debt, which includes verification proof that you owe the debt, and the amount of the debt needs to include documentation from the original creditor. Just ensure that the proof will be provided by the debt collector, not from the original creditor.
Bankruptcy is a powerful tool for debtors. If you declare bankruptcy, some kind of debts can’t be wiped out, such as court-imposed penalties and fines, child support & maintenance, HECS & HELP debts (government student loans), and more. It eliminates many types of debts, such as medical, legal & accounting fees, unsecured personal loans, and pays day loans, gas, electricity, phone, and internet bills.
The form used to enforce a judgment debt against a creditor to recover money is called a Garnishee order. The court will then order the party that owes the money to pay the judgment creditor instead of the judgment debtor.
A garnishee order can be stopped by an application at the court. It can also be stopped if the judgment creditor informs the employer that they no longer need the money.
Compared to the ‘no-collection, no-commission’ model in case of a debt collection agency, yes, legal debt recovery may be more expensive. But it is also more reliable as the debtor is subject to the court of law. Legal debt recovery ensures the collection via seizing of property and assets, garnishee orders, and other lawful proceedings.
A demand letter is a formal notice demanding that the person to whom the letter is addressed, performs an alleged legal obligation such as paying a sum of money, acting on a contractual commitment or rectifying some identified problem. Most of the demand letters will include a deadline for action.
Never ignore a demand letter. Always try to respond and resolve the issue. If you do so, there is a risk of going to court. And if you end up filing a lawsuit, a demand letter shows the court that you tried to work with the other party to settle the problem.
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