Impex Lawyers & Advisors

Experienced Melbourne Lawyers

Debt Recovery Lawyer

Everyone hates owing or losing money- period.

Having to deal with situations where money is involved can be stressful and sometimes distressing.

An expert debt recovery lawyer can help in such cases through well established legal proceedings for debt collection in the State of Victoria and Australia generally.

Fill out the adjoining form or book to arrange a 1st free 30 minute consultation with one of our debt collection lawyers.

The Process of Debt Recovery in Melbourne

  • A 'Letter of demand' is sent to the debtor. This debt collection letter needs to be thoughtfully formatted so that it is legally admissible in the court of law. Consequently, our debt recovery lawyers include: specific details of the debt, a request that the payment is made by a certain date; and a warning that legal debt collection will be pursued if payment is not received by the mentioned date.
  • Suing for debt. Court proceedings commence with filing a Statement of Claim. The amount and nature of debt influences the proceedings of the court. Also, the forms required vary, making it all the more important to hire a professional.
  • The response from the debtor towards the Statement of Claim determines our further action. They may agree to an installment order, file a defence or might not respond at all. If the debtor chooses to stay quiet, a Court Judgement shall be obtained.

Be informed, a legal debt recovery approach is not always the best-suited course of action. You must first ensure that the terms of contract are met precisely and that the debtor has no loopholes to make the liability to pay questionable. It is therefore advised to consult a debt recovery lawyer and get your agreement reviewed before you consider taking the matter to the court yourself.

Court Judgements

The Court has a wide assortment of options available for the collection of money. These include:

  • Seizing property, where the debtor's assets are seized and sold at auction
  • Selling Real Estate to compensate for your debt
  • Summons, where the debtor has to attend a public Court examination to communicate their assets and liabilities
  • Garnishee Order, where a percentage of their wages are given to you
  • Bankruptcy/winding up proceedings

How a Debt Collection Lawyer & Agency Can Help?

RECOVERING EXISTING DEBT

Our experienced lawyers and debt collection agents are well-versed with the legal approach involved in the debt recovery proceedings in Melbourne.
Right from framing an effective and legally sound letter of demand to seeking the final judgement from the court, we take a firm stand by your side through all stages of business debt recovery. 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.

Contact us or book an appointment with a debt recovery lawyer.

FAQs

Most frequent questions and answers

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.

Contact

+61 39999 7494

2/180 Queen Street Melbourne 3000 Victoria Australia

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