A competent law firm will always take all possible and available measures to seek to arrive at a negotiated settlement of a debt dispute. Sometimes, however, there is no alternative other than to firmly and actively pursue a recalcitrant debtor who fails repeatedly and consistently to repay a debt arising from an unpaid invoice or invoices. In these situations, the more severe options available to a creditor for the collection of the unpaid moneys can and should be considered and if appropriate pursued.
A law firm is in a uniquely strong position to discharge this service, as lawyers will be best acquainted with the processes involved in either the collection of the debt itself, or the options available through which the debt can be negotiated and/or settled as best as possible.
Where the debt is owed by a client or customer of a business who received goods and/or services, very often the goods and/or services would have been provided on the basis of some terms and conditions, or some agreement, as to what goods and/or services were to be provided or were going to be provided, on what basis and what the cost would be. The terms of the contract and/or arrangement between you and the former customer or client need to be pleaded and set out precisely. The contract will often contain both express terms and implied terms. The benefit of using an experienced law firm to assist you with the drafting of the Statement of Claim or other correspondence is that the Law firm will be able to properly set out, after due investigation, not only what the customer or client expressly agreed to, but also what implied or other obligations arise on the part of the client or customer, so that your business enjoys the benefit of having the highest prospect of recovering the debt from the former customer or client. There will also often be other legal matters or issues that need to be considered, to ensure that the matter has been attended to with precision and that all relevant legal issues or concepts have been addressed.
The very first letter that you send could be the very letter that hurts or prejudices your legal position significantly, often to such an extent that by the time you will decide to seek legal advice, significant damage may have been caused to the legal position of the business, as a result of the ill-considered steps taken by the business operator.
If you are owed money by a former customer or client, it is imperative that you instruct a law firm to assist you to understand clearly the relationship between your business and the former customer or client, as well as properly articulate and plead your case against that former client or customer. Care also needs to be taken, when drafting any pleading, to mitigate against the risk of a potential cross-claim that might be brought against the creditor by any debtor who is seeking to deny any claim for unpaid invoices rendered for goods and/or services sold.
If you operate a business and wish to make a claim or written demand for invoices that have not been paid by a debtor, you may wish to make an appointment with a Debt Recovery Lawyer of our firm in Sydney or otherwise make an appointment to see a Solicitor at one of our branch offices.
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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