Debt Collection Lawyers

Our team of debt collection lawyers Debt collection lawyer aucklandoffers cost effective debt collection services, backed up by extensive litigation experience in bankruptcy and liquidation proceedings, serving and setting aside statutory demands and assisting clients to enforce judgment.

As a creditor your options for debt collection are affected by a number of factors. What options do your terms of trade allow for? Is the debtor an individual or a company? Is the debt secured or unsecured? Has the debt been disputed?

Our experienced debt recovery team will investigate the debt and the options available to you, discuss the costs involved and the likelihood of recovery at each step of the process.

 

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Debt Recovery

Our debt recovery lawyers can help you today. Recovering outstanding debts from your customers is often time consuming and costly. Involving Smith and Partners, a third party law firm, as a back-up to your in-house accounts receivable systems can save you time and money.

Our experienced debt recovery team find that an initial phone call or letter direct from us as your law firm is all that is need to get bad debtors to pay - freeing up time and cash flow for you to run your business effectively.

For a one off fee of $375 + GST, office expenses and disbursements our experienced debt collection team will:

  • Investigate the background of the debt
  • Explain your options
  • Send a letter of demand to the debtor
  • Make an initial telephone call to the debtor
  • If payment has not been made after these initial steps, issuing court proceedings against the debtor generally results in prompt payment.

    On the rare occasion that this action is unsuccessful, the options available to you will depend on the nature of the debt and your terms of trade. At this stage we will discuss in plain language the costs involved and likely outcomes of pursuing bankruptcy or liquidation of your debtor so that you can make the best decision for you and your business.

     

    Bankruptcy

    Where your debtor is an individual, not a company and the debt is unsecured pursuing the debtor to bankruptcy may be an option to motivate the debtor to pay.

    The first step will be to obtain judgement against the debtor and then to issue proceedings in the High Court.

    Our experienced bankruptcy lawyers can assist you with:

    • Discussing your options and likely outcomes
    • Obtaining judgment
    • Filing and serving bankruptcy proceedings
    • Negotiating debtor settlements
    • Service of bankruptcy notices
    • Appearing at the bankruptcy hearing in the High Court

    Liquidation

    Where your debtor is a company and the debt is unsecured and first steps for debt collection have failed, you may wish to take steps towards putting the company into liquidation.

    Our first step would be to issue a statutory demand which gives the debtor company the option of within 10 working days to apply to set aside the demand or 15 working days to satisfy the demand. If your debtor does not respond, an act of insolvency is established and we can then apply to wind up that company.

    We can assist you with: 

    • Discussing your options and likely outcomes
    • Issuing a statutory demand
    • Negotiating debtor settlements
    • Applying to wind up a company
    • Appearing at hearings at the High Court

    Assistance for Debtors

    If you are the debtor who owes money your options will be affected by whether it is your company or you as an individual who owes the money, the nature of the debt and the terms of the contract between you and the person to whom you owe money. 

    If you want to dispute a debt, or you or your business have been served with court proceedings or a statutory demand our debt dispute team can help you understand your options and what that will mean for you now and in the future. 

    We can assist you to dispute a debt, apply to set aside a statutory demand, negotiate with creditors or respond to court proceedings and help ensure the best outcome for you and your reputation.

    The most important thing to do is to seek expert legal advice and take action quickly. 

    Our skilled team can assist you with:

    • Disputing a debt
    • Applying to set aside a statutory demand
    • Negotiating with creditors
    • Sub Creditor’s Compromises
    • Creditor’s Compromises
    • No Asset Procedures
    • Summary instalment orders
    • Filing for voluntary bankruptcy
    • Filing for voluntary administration
    • Responding to court proceedings
    • Appearing as defence at hearings in the District Court or High Court