Debt Collection Articles

Have you received a Statutory Demand and not sure what to do?  We stress the need for absolute precision within an absolutely finite time in applying to set aside a Statutory Demand. A Statutory Demand is a statement, in a particular form, that a company owes a sum of money and that there is no… Read more »

We have spoken before about the critical 21 day time limit of a statutory demand (see: “How to deal with a Statutory Demand” and “Statutory Demand: the 21 day guillotine”) which is often ignored by a debtor company and generally results in payment of the debt, costs and interest. Debtor Company Has 21 Days to… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

In a previous article (How to Deal With a Statutory Demand), we assured you that the 21 day window to apply (by filing the application and serving it on the applying creditor) to set aside a Statutory Demand could not be extended. The scheme set up by the Corporations Act is strict and inflexible on… Read more »

To the intelligent layman, the phrase in a loan agreement stating that the monies loaned are “payable on demand” suggests that the right to sue arises only after a demand is actually made. Naturally, a lawyer will tell you it is more complicated than that. For a variety of reasons, some purely historical, “payable on… Read more »

All businesses should have well written terms of trade.   It is just as important to make sure that they form part of your contract.  Notwithstanding that you have good terms of trade, they will do little to help in a Court dispute if they were first presented after the contract was formed. Good debtor… Read more »

The Corporations Act allows a creditor to issue a statutory demand to a corporate debtor.  It is an extremely effective debt collection process where there is no dispute (other than payment).   The golden rule is to deal with a statutory demand immediately.  We often receive cries for help after a failure to address the… Read more »

Tendered in Full Satisfaction

by | Court Disputes, Debt Collection

In business, you may receive a cheque that is short of the amount you invoiced, with an accompanying note stating words to the effect “this amount is tendered in full and final satisfaction of your invoice numbered…” The suggestion is that by accepting the lesser amount in these circumstances, you ‘waive’ the rest or agree… Read more »

The law can help you in a number of ways when your rights have been violated.  When, for example, you pay for something and don’t get it delivered as agreed, or it isn’t what was agreed, or it is broken, you have contractual and statutory rights. But what about a case where you have no… Read more »

If you need to engage a lawyer you will be concerned about the cost.   Don’t be embarrassed – the likely cost of your matter is something that should be discussed up front.   It is important to you and needs to be carefully considered as part of your decision to proceed.  Sometimes it is… Read more »

Sometimes one party to a Court action will be ordered to pay (all or part of) the other party’s legal costs.  This might be at an interlocutory hearing (a court process along the way to the resolution of a matter) or at trial (when the matter is finalised by the Court).  Sometimes a party may… Read more »

The Statutes Amendment (Courts Efficiency Reforms) Act 2012 (No 43 of 2012) has passed and brings substantial changes to commercial litigation in SA when it commences effect on 1 July 2013. Some major reforms are: “Small claims” (disputes without legal representation in Court) limits go from $6,000 to $25,000; The limit on general civil claims… Read more »

If you or your company take legal action against another person, they may ask you to provide ‘security for costs’. You might have to pay a sum of money into the Court or provide a bank guarantee or other form of assurance that if you lose, the other party can recover money towards its legal… Read more »

Can a Judgment Be Set Aside?

by | Court Disputes, Debt Collection

If someone gets a default judgment for a money sum against you, it means that, without a trial, a Court concluded that you got the summons but had no defence, or chose not to fight the claim. But what if you do have a defence and overlooked responding in time?  Or perhaps the summons went… Read more »

The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so.   A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… Read more »