Debt recovery at G&B Lawyers ...

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.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

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Level 11

65 York Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001

 

Kim Glassborow - Principal Lawyer

M: 0481 287 528

E: info@gandblawyers.com.au / kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au

 

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Wills are Important!!!

A will is a legal document which sets out who’ll receive your property and possessions when you die.

When you have a valid will, you give yourself the best chance of making sure your assets go where you want them to.

So you should always make a will if you have a family or if other people are financially dependent on you.

What makes a will valid?

A will generally needs three things to be valid:

• It must be in writing (whether handwritten, typed or printed)
• It must be signed, and
• Your signature must be witnessed by two other people who also need to sign the will.

But even where you’ve met these three requirements, your assets can’t be distributed immediately. Sometimes, a court needs to grant probate first.

What happens if you die without a will?

If you die without a valid will (known legally as ‘dying intestate’), a standard formula is used to distribute your property and possessions. Usually, this means all your assets will pass to your spouse or children.

But the situation becomes much more complex if you have a legal spouse and a de facto spouse (ie you’ve separated and have a new unmarried partner), if you have children from different relationships, or if you die with no spouse and no children.

The court’s formula usually also only lets your family members inherit from you.

So having a valid will is vital if you want to leave gifts to friends or charities.

 

Level 11, 65 York Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au