Debt Recovery:

The recovery of debt can be a stressful and frustrating process. Where money is owed to an individual or a company due to a loan agreement which has become due and payable, or for services or goods provided under contract, a creditor may require the services of a debt collection solicitor to streamline the process of reclaiming moneys owed. A debt collection lawyer will ordinarily have experience dealing with debt collection matters in the commercial litigation area. However, there are occasions where a commercial litigation solicitor can benefit from the experience of civil litigation. In these situations, the resources that are available in both areas of practice may open new avenues of inquiry and this is especially so when a debt solicitor is retained to deal with a complex issue that may have many aspects and which may be best attended to from different legal angles.

Alleged debts being recovered by professionals, such as solicitors, banks, accountants, engineers, consultants and the like, may need to be assessed by any relevant statutory or professional body which deals with disputes in those industries. The principles of administrative law may therefore become relevant in these situations. Cost assessment and the determination of fees, whether or not the claimed debt is fair, reasonable, or whether it is unconscionable and a breach of some ethical standard, are all matters that can also touch upon principles that go to negligence and professional negligence. This may be especially the case where a debtor feels that they have been tricked into entering into some agreement or transaction from which the debt has arisen.

Broadly speaking, allegations of debts can arise where there is s dispute about fees or payments of some sort. In these situations, a solicitor who has experience in employment law or who is well versed in the principles of contract law may become an invaluable resource in the provision of legal advice to debtors or creditors alike.

In some debt collection matters, experience with issues relating to property and title can also be of assistance. Where debts are claimed, a property solicitor will be able to give guidance in relation to caveats which may or may not be placed on property as a form of security. The law relating to security and mortgage securities may also need to be investigated. Estate lawyers will also be able to draw on their skills and expertise to advise in relation to how the debt may impact on title to property.

The transaction from which the alleged debt can be traced may also need to be investigated thoroughly and in detail. It is not uncommon for such transactions to contain defects or other problems which may be relied upon to mitigate the debt claimed or even render it null and void. These are just some of the additional legal areas which may be activated when what might initially appear to a simply debt recovery matter ultimately becomes a more complicated matter that requires the consideration of other areas of the law and involvement by lawyers across one or more other practice areas.  The collective experience of our commercial litigation solicitors and the combined resources available at our commercial litigation law firm place us in a unique position to offer synergistic legal services.

If you require assistance with the recovery of a debt, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our commercial litigation solicitors. 

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.