Debt recovery action ...

Debt recovery action – what if you dispute the debt or can’t pay?

If you don’t think you owe the money, or if you’re unsure, you should contact your solicitor as soon as possible so that they can dispute the debt and try to prevent court proceedings from starting.

Even if you do owe the money, your solicitor can help. For example, they may be able to negotiate with the creditor to come to some kind of arrangement, such as paying by instalments. At the end of the day, in most cases, they just want their money re-paid.

If the claim against you ends up in court and you lose, you could be liable for interest as well as the legal costs your creditor spends recovering the money from you. So where possible and appropriate it is worthwhile trying to negotiate before it goes to court.

What happens if it goes to Court?

To start court proceedings a solicitor needs to file a Statement of Claim. If someone serves you with one of these, you should never ignore it. If you do, the creditor can apply to the court for a default judgment against you.

You usually have 28 days to take action after someone serves a Statement of Claim on you, so you need to move quickly and without unnecessary delay. The good news is that it’s still not too late to pay your debt.

You can admit you owe the money and apply to the court to pay by instalment. But if your creditor doesn’t agree to the terms you’ve proposed, the claim will end up in court.

If you don’t owe the money, you can defend the claim. Your solicitor can lodge a defence on your behalf, which sets out your reasons for disputing the debt.

You may also choose to lodge a counter-claim against the creditor, for instance if the work wasn’t performed or if you received defective goods.

 

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001

 

 

Dealing with debt!

What should you do if someone owes you money?

If the debt is more than $1,000, a solicitor may ask the debtor to pay interest as well as your legal costs.

Interest will keep accruing on their debt until they pay it.

Your solicitor will tell you the amount you should be able to recover as it is generally based on interest rates set under legislation.

A letter of demand can also be prepared.

What is a letter of demand?

You can send a debtor a letter of demand to allege that they owe a debt and advise that if it’s not paid within a certain period of time (usually 14 days), legal action will commence.

If you receive a letter of demand you should pay your debt as soon as you can.  This is because interest and legal costs may be added to the original debt.

For assistance in debt recovery, contact the team at G&B lawyers.

 

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001

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M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001

 

 

What makes a 'valid' will?

A valid will is one that has been accepted by a Court and put into effect by a grant of probate.

To be valid your will must be:

• In writing – this includes handwritten, typed or printed;
• Signed – ideally your signature should be at the end of the will;
• Witnessed – two witnesses must be present when you sign your will or acknowledge it and they, too, must sign in your presence, but they do not have to be present together at the time they sign.

If your will is not made in this manner it may not be enforceable; the Court has the power to grant or not grant probate (confirm that the will is valid) and your property could be disposed of as if you had not made a will.

In exercising this power, the Court needs to be satisfied that the document sets out how you want your assets to be distributed.

The team at G&B Lawyers can assist you in preparing your will (whether it be drafting a fresh one or an update).

 

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001

 

 

What is a Caveat?

What is a Caveat?

A Caveat is a dealing which is lodged with the Land and Property Information (LPI). 

It prevents any other dealings being registered on the title to the property by the person or company without the consent of the Caveator and which is contrary to the interests in the property of the Caveator.

Lodging a Caveat over property can be a good tool for preventing the party which is registered on the title of that property from dealing with the property in a way adverse to your own interests.
 
Caveats are registered on title to the property so that any potential purchaser who checks the certificate of title to that property is informed that another party has an interest in that property.

The LPI will not give effect to any dealing with that property without first notifying the caveat holder.

In order to lodge a caveat over a property, you must have a 'caveatable interest'.

A caveatable interests requires a recognised interest in land, and must be lodged in the correct form with the Registrar of the relevant LPI office in the given jurisdiction (of the lodging party).

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

GPO Box 1849, Sydney, NSW 2001