How We Work
You need to provide us with as much information as possible including completing our “Instructions to Recover Debts” form. Once we have all this, we will proceed to collect the outstanding amount you have stated.
No matter what agreement you may have with your client, you will always be responsible for our fees. We currently charge $70.00 plus GST per hour plus disbursements. If, for any reason, we do not recover the debt from your debtor, you will still be liable for our costs.
Having said this, with being in business for ourselves for so long, we are fully aware that money does not grow on trees. You have our word that we will always be conscious of the amount of time and cost we are incurring on your behalf in relation to the size of the debt and the likelihood of its recovery. We will ask you for assistance as often as possible mainly to reduce costs you need to pay us.
Because we cannot give an estimate of the costs, we will report regularly to you so that you always have an accurate understanding of the costs involved as the basic debt collection progresses. At any time you may tell us to stop. You do not have to provide us with a reason for the instruction, although we may comment at that stage whether we agree or disagree with your decision. But you must remember, the decision will always be yours. If you do, you will be liable at that point for the time charges and disbursements you have incurred to that date. Unless you instruct us to stop, we will continue to work on the matter and you will continue to be liable for the on-going costs.
Each case is dealt with on its own merits but we usually commence with a letter of demand which is personally delivered to the debtor. That is why it is so important you do not procrastinate with commencing recovery action.
If the debtor does not respond to our letter of demand, we will recommend you commence Court action and instruct one of the Lawyers we work with regularly. After all, that is what we have threatened to do in the letter of demand. There is absolutely no point in writing a letter of demand if you do not intend to proceed with whatever you threaten.
Our Lawyers will provide you with legal advice about the process that is specific to your case. The most common forms of District Court action that are used have three main stages:
First Step – Notice of Proceeding, Statement of Claim and List of Documents Relied On:
The Lawyer will draft documents called a Notice of Proceeding, Statement of Claim and List of Documents Relied On which will then be filed in Court. You will be required to pay a $200.00 filing fee to the Court and once the stamped documents are returned by the Court, the Lawyer will instruct a Process Server to effect service on the debtor. Service fees usually range between $69.00 and $150.00 but if there is any difficulty with serving the documents, the costs can be higher. This is why it is so important that you know where to find your debtor before commencing Court action. You will always require a physical address for your debtor. The Court documents must be served personally on the debtor.
Second Step – Judgment
This effectively confirms the debt and in most cases removes the right of the debtor to dispute it.
Third Step – Enforcement
Working with the Lawyer, you will have several choices of how you wish to attempt to force the debtor to settle the debt. The Lawyer will explain different options depending on the matter. Some of these are:
Financial Assessment Application and Hearing, Warrant to Seize, Charging Order or Bankruptcy.