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Facing debt recovery requires strategic legal guidance. Our experienced team is adept at handling diverse debt recovery scenarios, offering tailored solutions to efficiently reclaim what is owed to you. Trust in our expertise to streamline your debt recovery process, minimising hassle while maximising results

Melissa Care

Melissa Care
Senior Associate

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Understanding Debt Recovery

If you run a business or engage in commerce, it is likely that at some point someone will owe you a debt, or you will owe someone a debt. In either of these cases, it is important to know your rights and responsibilities, as well as what you should expect if you take legal action, or if legal action is taken against you. There are many circumstances where a debt can occur, for instance where a person or company disputes an invoice, fails to pay an invoice or defaults on a loan agreement.

Our experienced dispute resolution team can assist you through each step of the debt recovery process including issuing a letter of demand, attempting to resolve the matter through alternative dispute resolution methods (such as mediation) and if unsuccessful, taking legal action through the relevant Court, and enforcing a judgment. If debt recovery matters are unable to be resolved through alternative dispute resolution methods, proceedings are commenced with the relevant Court.

In the event that enforcement of a judgment leads to the insolvency or bankruptcy of a debtor, Coutts can also advise regarding the options available to you to increase your chances of recovery and assist you in the recovery process.

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What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.

Introducing Melissa

Your Experienced Lawyer

Meet Melissa, a Senior Associate at Coutts Lawyers & Conveyancers, and the head of our esteemed Commercial Litigation teams. With more than a decade under her belt, Melissa is renowned for her clarity in communication, ensuring clients comprehend every aspect. Her confident and efficient problem-solving approach, coupled with cost-effectiveness, marks her as a top authority in Commercial Litigation.

Melissa Care
Melissa Care

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Debt Recovery FAQ’s

Debt recovery in Australia typically begins with communication and negotiation with the debtor. If those efforts fail, you can proceed with legal action, which may involve filing a claim in court. The decision to take legal action depends on the circumstances and the amount of debt owed.

Legal remedies for debt recovery may include court judgments, garnishment of wages, property seizure, and the appointment of a debt collector. The specific remedies depend on the type of debt, the amount owed, and the debtor’s assets.

Yes, Australia has regulations under the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission (ASIC) Act that govern debt collection practices. Debtors have rights, including protection from harassment and deceptive practices by debt collectors.

If you dispute a debt, you have the right to request verification and documentation from the creditor or debt collector. If you believe the debt is not valid, you should communicate your concerns in writing and seek resolution through dispute resolution mechanisms.

The statute of limitations on debt collection in Australia varies depending on the type of debt and the jurisdiction. In some cases, it can range from 3 to 6 years. After the statute of limitations expires, creditors may lose their legal right to pursue the debt through court action.

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