Mastering Debt Recovery: The Right Approach
Updated: May 18
Debt recovery can often prove to be a complicated and frustrating process. While it is instinctive to believe that the law protects creditors, reckless actions can inadvertently lead to legal issues. A legal misstep, regardless of having the moral high ground, can derail your debt recovery process and potentially expose you to legal action.
Physical coercion is commonly understood as unacceptable and unlawful. However, several seemingly innocent actions can also be legally problematic if they constitute undue harassment, deceit, or taking unfair advantage. For instance, the ACCC stipulates that a maximum of three calls per week can be made to a debtor, and none after 9:00 pm. Such fine details emphasise why a solo, unguided debt recovery attempt may not be advisable. Instead, engaging legal services with debt recovery expertise is often the prudent course of action.
Arida Lawyers are well-versed in the intricacies of effective debt recovery practices. Their extensive experience in legally persuading debtors to pay can often expedite resolutions, sometimes even before court involvement becomes necessary. A simple letter bearing a lawyer's imprint can be intimidating enough for many debtors to resolve their debts promptly.
Debt Recovery Services Provided by Arida Lawyers
As a boutique law firm based in Parramatta, Arida Lawyers offers the following debt recovery legal services for clients seeking to recover owed money:
Assessing and advising on the probability of success in recovery actions, and the commercial viability (cost versus amount owed).
Drafting letters of demand.
Initiating legal proceedings.
Undertaking enforcement actions, including garnishee orders, examination of the judgment debtor, writs of execution, writ for the levy of property, writ for possession of land, writ for delivery of goods, and processes for bankruptcy of an individual or winding up a company.
We also extend our services to individuals and organisations facing claims against them, with an aim to safeguard those unjustly accused. These services include:
Assessing and advising on legal standing and the merit of defending 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 incurred legal costs or disbursements.
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.
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