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Debt Recovery

There are three ways to collect a debt:

  1. Do it yourself – by sending a letter of demand advising that you will place the matter in the hands of your solicitor if the amount owed is not received within 7 days.
  2. Use a debt collection agency – who will send letters and make phone calls.
  3. Use a lawyer – who will send letters, make phone calls and/or issue a claim, writ or a statutory demand.

A lawyer uses his or her skill and knowledge of breach of contract and legal solutions in contract law to suit your case.

Note – a debt collector will charge you a fee to use a lawyer if legal action is required.

You should provide your lawyer with all invoices and other documentation that sets out the details of the debt you wish to recover.

Your lawyer will explain the alternatives available to you and may counsel you on the best and most economical way to recover the debt.

It must be understood that engaging a lawyer and/or a debt collection agency to recover a debt is no guarantee of success.

However, if you register legal action against your debtor and they are unable to pay at the time, your right to enforce payment of the debt remains open for six years after a judgement is obtained. Should their circumstances change during those six years you can proceed with enforcement of your judgement.

If you wish to recover a debt, or alternatively have been requested to provide money you owe, please do not hesitate to contact us to make an appointment with our expert dispute resolution lawyers, so that you have the right legal advice to protect your interests.

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Frequently Asked Questions

Litigation may not be the best solution to a conflict. One of the most common approaches is using mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court. Known as alternative dispute resolution techniques, there are a number of advantages to using this

Depending on the matter, there are different processes that occur in litigation which range from negotiation right up to trial. Litigation generally ends when the matter has been negotiated and settled or when the case is heard before the court and a final judgement is made. Not every dispute ends

Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. This limitation period varies depending on the cause of action, with a general rule

If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing; or it may require them to do

Generally where parties are in a dispute they should attempt negotiation first with the other parties in the hope to reach a settlement prior to court proceedings being commenced. If this fails then court proceedings can be initiated. The court then has its own process which involves stages of defining

If you have received a summons letter or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for

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