In trying times, businesses involved in transactions where money is supposed to have been paid to them for the provision of goods or services, can be less than forgiving about outstanding debts owed to them. The generosity of businesses and their willingness to extend credit often causes significant financial hardship to the business that is owed the money, despite having incurred the costs in buying and on-selling the goods or after having incurred the costs in facilitating the delivery of the services to the client or consumer. Cash flow is vital to maintain solvency, and the failure to customers to settle accounts in a timely fashion can have a serious impact on the ability of a business to remain solvent or continue to operate. Where patience wears thin, business operators or businesses that are owed money may require the services of a professional debt collection law firm to recover what is owed.
Often lenders and other financiers extend credit or financial assistance to borrowers, with an expectation that the principal sum will be repaid to the lender within a certain agreed time frame, in addition to interest and other moneys, if applicable. When the borrower needs the money, the requests for the money are often consistent and firm and often lenders are very quick to facilitate the provision of money or credit, by way of loan, on agreed terms. Parting with the money is one thing – getting the money to be repaid to a lender by the borrower, is another.
Acting for a Creditor
Over the years, our debt collection and debt recovery lawyers have acted for and represented many creditors who have been owed money and who were not paid by the debtors. Litigation can be stressful, expensive and where possible, the lawyers at Navado always encourage a possible early settlement of the dispute. Prior to commencing litigation, however, a detailed analysis of the circumstances is often required, so that the creditor is able to understand potentially all of the legal issues that arise, including all of the rights and obligations of the creditor and the debtor, arising out of a transaction and, of course, any potential defences and/or cross-claims that can be raised by a debtor. We are experienced in considering documentation, correspondence and investigating legal remedies and the merits of a matter generally and thereafter in advising clients as to whether there are good prospects for the recovery of a debt. Our debt collection lawyers work with other members of our legal team and as experienced lawyers, will be able to assess your matter thoroughly and effectively alert you to matters that non-lawyers will perhaps not be able to appreciate or be aware of. Where litigation is necessary or appropriate, our assertive debt collection lawyers and debt recovery lawyers can assist you in seeking to recover the debt.
It is crucial to remember, at all times, that obtaining a judgment debt is one thing, but enforcing it – and receiving payment - may be quite another. Options exist to bankrupt or wind up a debtor (whichever case may apply), but to ensure that these steps are taken in the most economical and efficient manner, it is important to retain the services of a debt recovery lawyer who understands the relevant principles of law.
Acting for a Debtor
Very often defendants are served with letters of demand or find themselves having to face court proceedings for an alleged debt that is allegedly due to be paid by them and which has not been paid. Over the years, our debt collection lawyers and debt recovery lawyers have acted for and represented many debtors who have allegedly owed money and who have not paid the alleged debt, for legitimate or other reasons, including the fact that there may be a dispute in relation to the alleged amount due. You may, for example, be disputing an allegation being made by a creditor that you are indebted to the creditor for unpaid invoices, or disputing an allegation made by a lender that you are not indebted to the lender as alleged by the lender or any basis, at all. Litigation can be expensive and draining on the person and where possible, the lawyers at Navado always encourage a possible early settlement of the dispute. Prior to advising a client to embark upon drawn out defended litigation, however, a detailed study of the circumstances and facts of the matter is often required, so that the debtor client is able to understand potentially all of the legal issues that arise, including all of the rights and obligations of the creditor and the debtor, arising out of a transaction, including any basis upon which a claim can be defended and/or a cross-claim can be raised against the creditor. Our debt collection legal team is experienced in considering documentation, correspondence and investigating legal remedies and the merits of a matter generally, and thereafter in advising clients as to whether there are good prospects for defending a claim that is made by a creditor. Where instructed to do so and appropriate, we will assertively defend any proceedings that are made against a debtor client of ours, as well as institute any proceedings for a cross-claim or any other cause of action that our client might have against the alleged creditor.
Some of the areas that the Debt Collection and Debt Recovery Team can assist you with at Navado, include the following broad categories:
- Acting for a Creditor – unpaid invoice or invoices
- Acting for a Creditor – unpaid loan or loans
- Acting for a Debtor – unpaid invoice or invoices
- Acting for a Debtor – unpaid loan or loans
- Bankruptcy Notices
- Defending against a Claim by a Bank or a Lender
- Insurance Claims
- Insurance Disputes
- Insurance Litigation
- Judgment Debts
- Lawyer Debt Recovery
- Negotiated settlement of a debt dispute
- Mortgagee Possession Proceedings
- Security of Payments Act
- Statutory Demands
- Supreme Court Proceedings for Possession of Property
- Unpaid Commission Claims
- Unpaid Employee Entitlements
Navado Lawyers & Solicitors have been assisting Creditors and Debtors with their legal disputes and matters for over a decade. Where a client wishes to instruct our firm, we will ask that the client provide us with all relevant documentation that the client holds in respect of a potential dispute, as well as take detailed instructions on matters and the documentation, with a view to providing the client with a preliminary legal opinion on the prospects of success of any claim or defence or cross-claim. It is important that this step or procedure is carried out early in the dispute, to seek to minimise unnecessary legal fees and stress and to seek to settle the dispute early, where appropriate.
Whether you are owed money and wish to recover debt owed to you, or whether you are defending a civil claim made against you, our debt recovery and debt collection specialists team can assist. Contact our firm by telephone on (02) 9233 4048 or send an email to email@example.com and make an appointment with one of our debt collection or debt recovery lawyers today.
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.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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