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How to Collect Debt Legally

When you are owed by a debtor, it is easy to feel that the law is on your side and to proceed without caution in your attempts to have your debt paid off. However, even when you are in the moral right, it is easy to end up in the legal wrong if you attempt to collect your debt in an unlawful manner.

Creditors can sometimes become frustrated and act recklessly in their attempt to recover debt, compromising their chances of ever gaining it back, and increasing the risk that a legal case will actually be brought against them.

Most people realise that physical force and coercion are unacceptable and unlawful. However, other actions that on face value may appear acceptable can actually be problematic from a legal perspective – if they constitute the legal definitions of undue harassment or hassling, deceit, or taking unfair advantage.

For example, the ACCC specifies that a maximum of three calls a week should be made to the debtor, and not after 9pm at night. Small details like this often make it inadvisable to pursue an individual, unguided attempt at debt recovery. Instead, the best approach to recovering debt is often to contact legal services in debt recovery.

Lawyers with a debt recovery portfolio will be highly familiar with the ins and outs of effective debt recovery practices. They have extensive experience in making debtors pay up, using the legal process. Even the stamp of a lawyer on an email or letter of demand may be intimidating enough to debtors to encourage them to pay, resulting in a fast resolution that never reaches court.

So, how exactly can a Parramatta lawyer help with debt recovery?

Services offered by debt recovery lawyers in Parramatta

The boutique Sydney and Parramatta law firm Arida Lawyers offers the following debt recovery legal services, to those in a situation where they are owed money:

  • Assessing and advising upon the probability of success via recovery actions, and the commercial viability (cost compared to the amount owed)

  • Drafting of letters of demand

  • Commencement of legal proceedings within NSW jurisdiction

  • Enforcement actions including garnishee orders, examination of the judgment debtor, writs of execution, writ for the levy of property, writ for the possession of land, writ for delivery of goods, bankruptcy of any individual and winding up a company.

We also offer legal services to individuals and organisations with claims against them, to protect individuals who have had unjust claims made against their name. This can include:

  • Assessing and advising upon legal standing and the merit of resisting the claim

  • Responding to letters of demand

  • Applying to the court to set aside default judgments

  • Drafting and serving a defence, and defending proceedings in court

  • Recovering legal costs or disbursements

For more information on debt recovery law and our debt recovery legal services, browse our website, or contract our team today on or 1300 146 390. We can also assist with consumer law, contract law, and with other legal services.

This article provides general information relevant to our expert services. It is not legal advice and should not be relied upon as such. If you are seeking legal advice, you should contact us for a free initial consultation.

Liability limited by a scheme approved under Professional Standards Legislation.

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