Effective Debt Recovery and Enforcement Action
Updated: May 18
Are you facing challenges in receiving payments from a client? Has the agreed payment date passed, leaving you with empty promises or complete silence? Experiences such as these can be incredibly frustrating. However, numerous legal solutions are available to aid in debt recovery. Though entering the legal realm can be daunting, especially for first-timers, partnering with a skilled debt recovery lawyer can significantly enhance your prospects of a favourable resolution.
Here is a brief guide to our debt recovery services at Arida Lawyers.
How can a lawyer assist in debt recovery?
At Arida Lawyers, our debt recovery services encompass the following:
We provide guidance on various procedural options to recover your debt and can undertake these procedures with your instructions.
We offer advice on the optimal frequency, timing, and location of contact, acting as your liaison in debt recovery matters.
If needed, we can negotiate on your behalf and provide legal representation in court.
In instances of debtor bankruptcy, we offer consultation and representation.
Our debt recovery lawyers are well-equipped to initiate enforcement actions within the court system to facilitate the payment of debt.
What are 'enforcement actions' for debt payment?
'Enforcement actions' are a series of measures taken within the court system by your lawyer to recover your debt. Before commencing enforcement action, a judgment order needs to be secured against the debtor, which is a court order mandating the debtor to pay the debt. The process of debt recovery may include various enforcement actions such as:
Garnishee Orders: These are court orders enabling the recovery of a judgment debt from the debtor's bank account or wages.
Writ of Execution/Levy of Property: This court order authorises the seizure and sale of the debtor's property, typically via auction, to raise the necessary funds to settle the debt.
Writ of Delivery of Goods: This permits the authority to reclaim goods and return them to you, for instance, if payment was not received for these goods.
Winding up of a Company: In cases where an insolvent company is not wound up, you, as a creditor, can potentially apply to the court via your debt recovery lawyer to force the company's liquidation.
The team at Arida Lawyers are here to guide you through the intricate landscape of debt recovery. We offer comprehensive services tailored to your specific needs and strive to deliver outcomes that uphold your rights and interests. For more information on your debt recovery options, contact Arida Lawyers on 1300 146 390 or info@aridalawyers.com.
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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