Can A Melbourne Lawyer Help With Recovering Debt?

By Author: Vikram Kumar
Total Articles: 9383
Comment this article

A debt collection lawyer is a person who is licensed to practice law within a specific jurisdiction and who mainly focuses on helping clients with collecting debts. A lawyer who does this job has to abide by all the regulations that apply to a debt collector. The one big advantage of using a Melbourne lawyer for debt recovery is that in the event a lawsuit is necessitated, the lawyer is already acquainted with the client and is aware of all the details of the case. Generally, the very first step to debt collecting involves either the internal collections department of a company or a collection agency.

In case these individuals are not successful with the debt collection that particular account may be passed to a firm who handles debt collection. The Melbourne lawyer may work either for the original lender or for the company that actually bought the bad debt from its original lender. Irrespective of what the case may be, the debt collection lawyer will first have to establish that a debt is really owed to his/her client. Apart from this, the person will have to check if the individual who has been named on the loan is ...
... in fact the responsible party. Once the lawyer has determined who the responsible party is, that person will have to be contacted.

This could take place via a personal letter, an e-mail, or maybe a phone conversation. The lawyer introduces himself or herself, explains what the situation is and how it can be resolved. At that point, the goal is to enter into some sort of private negotiations and settle the debt. Debt recovery tends to be successful when the appropriate credit control protocols are set in place, at the onset of every major business transaction. The requirements of large public and private organizations and companies involve a large amount of recovery work.

The lawyer you hire has to be competent enough to understand the consequences of moving forth on the litigious path once a recovery process has reached that point. Commercial litigation is a specialized field. The law firm you hire must have a thorough knowledge of the laws that prevail in tribunals and courts. Lawyers should be able to pursue summary judgment applications. These save the clients money and time when defendants lodge any defenses that are sans any merit. Just obtaining a judgment is not necessarily an end in itself. Judgments have to be enforced and litigation lawyers have to be familiar with all the enforcement processes that are available in courts.

These include company winding up procedures, summons for oral examination, warrants of seizure and sale, attachment of debt/earnings as well as sequestration applications and bankruptcy notices. In addition to these, field calls and skip tracing, alternate dispute resolution, mediation, suing for debt or even seizing the debtor’s goods and selling them off at an auction are methods that may have to be resorted to. A good law firm will know that the basic premise of recovering debt successfully is by preventing instead of finding a cure.

Resource box:

Coopers Lawyers can provide you with a Melbourne Lawyer . Contact them when you need help with Debt Recovery .