Lawyer Debt Recovery:

There are many stages in a debt recovery matter that a Debt Recovery and Insurance Lawyer may assist and advise you on. Firstly, you need to make reasonable contact with the debtor in an efficient and effective manner. The hours, frequency, manner and location of the contact must not cause undue harassment. Communications with third parties, including family members, regarding the debtor's circumstances or their personal information must be treated with care to avoid breaching the debtor's right to privacy.  Negotiations for the settlement of the debt may be better conducted with a qualified lawyer who understands the law surrounding debt recovery and bankruptcy. There also different avenues to recover debts such as obtaining a judgment debt, initiating bankruptcy/winding up proceedings then matters with regard to enforcement of judgment debts. Proper legal advice in from a Debt Recovery and Insurance Lawyer may be of great assistance in this regard.

Also, there are recordkeeping and correspondence obligations that the debtor needs to be mindful of. Accurate records should be maintained by all parties to ensure that disputes do not arise or to avoid costly debt collection activity. The debtor is also entitled to obtain information and documents regarding the debt. In certain circumstances, failure to provide such information may constitute misleading and deceptive conduct or unconscionable conduct. Written correspondence, including any computer generated letters, should be consistent with the creditor's records and any verbal communications with the debtor. Sound legal advice in from a Debt Recovery and Insurance Lawyer may be of great assistance in this aspect.

Also, the liability or debt may be disputed by the debtor. This may involve you issuing a statutory demand, for the debtor to make an application to set aside or dispute the existence of the debt and for the matter to be contested at court. Before litigation, parties should resolve the liability or settle the matter but it may be necessary for the creditor should commence legal proceedings if they intend to pursue the debt and a resolution cannot be met. Sound legal advice from a skilled Debt Recovery and Insurance Lawyer may be advantageous to ensure that any documents are properly drafted.

A skilled Debt Recovery and Insurance Lawyer may be able to negotiate a payment plan or arrangement. The parties are encouraged to adopt a flexible and realistic repayment arrangement, taking into account the debtor's living expenses and acknowledging that the debtor may also have debts owing to other creditors.

Sometimes the debtor may have to face bankruptcy or winding up proceedings (for a company) to compel payment or satisfaction of the debt. A debtor must be treated with respect and courtesy and not be the subject of misleading, humiliating or intimidating conduct.  Collectors who are not fully aware of the rights and protections for consumers may engage in unconscionable conduct — that is, take advantage of a debtor with a disability, weakness or vulnerability (for example, a debtor who is illiterate, lacks education or is infirm of body or mind) or take action that constitutes harassment or breach of privacy. Lawyers and debt collectors are required to comply with the consumer protection laws when engaged in debt collection activities. Thus, Debt Recovery and Insurance Lawyer may be of great assistance in debt collection as they are aware of the obligations for proper professional conduct.

If you would like further information or wish to discuss your bankruptcy notice matter with us please do not hesitate to contact us by telephone on (02) 9233 4048 or by email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.