Recovering a debt is never an easy task, especially if the debt is large. In addition, the task can become even more difficult when the debtor refuses to pay their debt. When this happens, the creditor can attempt to get the money owed back by themselves. However, things aren’t often smooth and successful for the creditor, who is then left with no other choice but to forward the debt to a debt collector. Debt collection firms are often law firms who handle the situation legally in order to recover the debt. Once the case is solved and the debt is recovered, the creditor pays the law firm for their services. This article will take a brief look at what exactly debt recovery lawyers in Melbourne do.
Debt recovery lawyers in Melbourne are a bridge between the person in debt and the creditor. As a result, they communicate with the debtor and relay the communication back to the creditor. At this stage, you as the creditor are not allowed to interact with the debtor. Also, when a debt lawyer is involved, the debtor will receive notice from the lawyer. They also have the option to seek their own legal support from a debt lawyer. Once everything is in place, then the negotiations can begin between the two parties. During the talks, a settlement is reached in most cases. This is where the debtor agrees to settle a portion of the debt while promising to clear the rest within a specified timeframe.
If negotiations reach a dead end, then a lawsuit is likely to be filed against the debtor. When this happens, the debtor receives a notice from the court about the trial. In addition to this, the debtor is given time to file a complaint against the suit. However, if they don’t file a complaint against the lawsuit, then the debt recovery lawyer is likely to seek a default judgment against the debtor. Default judgments often rule in favour of the creditor. If the creditor files a complaint, then a court case begins between the two lawyers, with each lawyer filing various motions and requests.Once both parties are heard in court, a judgment is issued. The judgment can favour either the debtor or the creditor. If the court favours the creditor, then the creditor has the right to set up measures to retrieve the debt. Such measures often include asking for a property that can be sold to help retrieve the debt. On the other hand, if the court favours the debtor, then they are allowed to walk free without paying the debt. It’s important to note that both the debtor and the creditor have rights throughout this process. If one party interferes with the rights of the other party, then they are likely to pay heavily or even lose the case.
As seen above, debt recovery lawyers in Melbourne can come in handy, especially when dealing with a debtor who won’t pay up. Involving them makes debt collection much easier, making it more likely that you’ll recover your money.