Monday, March 16, 2015

CIVIL LAW DEBT RECOVERY

This blog we will be looking at the first step in recovering monies owed to you.
In New South Wales if you have sold something, such as over the Internet and you have not been paid for it, or you have provided a service to someone who has not paid you, you may have to commence Debt Recovery Proceedings in order to satisfy this outstanding debt.

Letter of demand
A letter of demand is the first step in Debt Recovery Proceedings. The idea of this letter is to set out to the debtor in no uncertain terms:
1.      How much money is owed to you; and
2.      The period of time which the debtor has to pay you, usually seven (7) days.

This letter should also set out the fact that if the money is not paid to you within this period of time then you will look to commence court proceedings against the debtor without further notice to them.

Sometimes, plaintiffs choose to indicate that they are willing to negotiate with the debtor, an example may be providing the debtor with an opportunity to pay off the debt in instalments.

It is important to remember to keep a copy of your Letter of Demand as it may be necessary to produce this letter in court as proof of your attempts to settle the matter before resorting to litigation.

If you have an outstanding debt and require help in recovery of this debt, please do not hesitate to contact James at Bird Legal on 6331 7700 or email him at james@birdlegal.com.au.

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