Debt Recovery Litigation Strategies used by E C Legal Melbourne

E C Legal handles a large number of debt recovery litigation matters across Australia. The bulk of the work is done in the E C Legal Melbourne office but we also have interstate staff members who are able to bring local knowledge to a particular case.

Where the work done is not important. Our clients can access the E C Legal solicitors and paralegal staff by telephone or by email. We always respond quickly.

Putting the right strategies in place from the beginning in a debt recovery litigation matter both improves the prospects of a successful recovery and also keeps the amount spent to a minimum.

The first strategy is to make sure that all of the available documents are on hand when needed. Our clients need to make sure that they are well organised and can provide all relevant documents in PDF format if called upon to do so by E C Legal Melbourne. To start with, E C Legal will need to see:

–> Any supply agreements with the applicable terms and conditions

–> Quotes

–> Correspondence by letter, email or text message about the work to be done or goods and materials to be supplied * invoices for the supply

–> Statements sent

–> Correspondence by letter email or text message about payment

–> It also helps if our clients give us a short summary of what has occurred by email.

With this information, E C Legal can complete the next part of the debt recovery litigation strategies which is to make an assessment as to prospects of success in the case

There are two considerations to a successful debt recovery litigation matter.

The first consideration is whether or not the debt is due and payable. In most cases, E C Legal finds that the debt is clearly due and payable but there are occasions where the debtor raises issues about the work not being done properly or gives some other reason why the total claimed by our client is not paid in full.

The second consideration is whether or not the debtor has funds to make the payment. E C Legal Melbourne sometimes finds that disputes are raised by debtors not because they are completely dissatisfied with our client’s service but because they give the debtor a reason not to pay in the situation where the debtor does not have the funds in any case.

The third strategy is making an assessment of the costs of the debt recovery litigation against the prospect of success. E C Legal Melbourne is usually able to provide a fixed price for debt recovery litigation where the debtor does not lodge a defense. So the initial cost of the litigation at least should be very clear. It is the assessment of the prospects of success that is more difficult. The more information that our clients provide E C Legal Melbourne, the more likely it is that the assessment as to the prospects of success in the case will be.

Our clients will generally know more about the debtor than we do and so a high level of communication between the clients and E C Legal Melbourne is likely to underpin a positive result in the debt recovery action.


Leave a Reply

Your email address will not be published. Required fields are marked *