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 so that you have the right legal advice to protect your interests.

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