The debt recovery process can be unique to every scenario, but our lawyers will be able to review your matter and advise on the best steps as part of any initial consultation. The goal in any debt recovery matter should be to try and recover early without needing to take the matter to court.
In this article, we touch upon the general steps that might occur in a typical case.
Step 1 – Consultation
In order for our lawyers to provide clear recommendations on any potential next steps, we need to gather information on your case. The first consultation is usually free of charge, and we’ll provide a no-obligation quote for the next steps where applicable.
Step 2 – Due Diligence
At the due diligence stage, we are primarily reviewing if the debtor has the financial capability to pay back any of the debt, particularly if the situation requires court papers to be filed.
Step 3 – Send a Letter of Demand
After collecting all the necessary information we may send a formal letter of demand. This letter helps to send a clear and strong signal to the debt that the matter has been referred to third party professionals, and that this is their last opportunity to resolve the matter amicably without having to resort to formal legal proceedings.
The letter of demand can also be submitted in court and enables us to show that attempts were made to amicably recover the debt prior to any further action being taken.
Step 4 – Response & Negotiation
Once the letter of demand has been sent and received we will await their response. It is common to apply a time restriction within the letter of demand, warning that the debtor must take action within this time period or additional legal steps will commence.
In many cases, a debtor will respond positively to a letter of demand, and we can further support our clients in any negotiations if the debtor requests a payment plan for example.
Step 5 – Filing Court Papers
In situations where the letter of demand proves unsuccessful or the parties are unable to reach an agreement on the payment terms, we can then file a claim with the appropriate court. The total amount of the claim and type of claim will play a factor in which court the case may be heard in. We’ll be able to advise on the details.
Step 6 – Enforcement of Court Decision
After a successful court decision, some debtors may still not pay up. We can advise on the appropriate next steps to support enforcing the collection.