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Debt & Risk Management

 

LEGAL SERVICES - DEBT & RISK MANAGEMENT

Debt and Risk Management

debt managementIt can be a very difficult business decision to know when and how much credit to extend to your customers.

Andrew Rogers Lawyers can help you to reduce your risks of doing business by:

Careful documentation of your Agreement

  • Searches of information on the public record
  • Credit Reference checks
  • Helping you prepare Trading Terms and Director's Guarantees
  • Advising you on security that you may take over the Debtor's/Guarantor's assets
  • Taking Liens (including Builder's Liens)
  • Assisting you to defend claims against you by Liquidators for Preferential Payments
  • Reviewing how your business and personal assets are structured from a risk management perspective.

If a debt is already owed then we can assist you to recover that debt. For Simple Debts under $6,000 we provide our clients with our DIY Debt Collection Guide.

If there is a genuine dispute as to whether or not the debt is owed and this is delaying payment - then we will help you to resolve that dispute.

Otherwise, we can assist you to recover your debts with:

  • Letters of Demand and Negotiations
  • Documenting agreements for payment by instalments incorporating appropriate safeguards
  • Issuing proceedings (in all States) through the appropriate Courts
  • Issuing Statutory Demands for payments by companies
  • Bringing Debtors (or their directors or guarantors) before the courts to explain why the debt has not been paid
  • Instructing the Court's Bailiffs to seize and sell the debtor's land or other goods
  • Bankruptcy and Liquidation

If you hold security for your debt then we can advise you as to your rights and then take action to enforce that security.

If demands are made on you to return money paid to you by a failing business or goods which you seized from a failing business then we can advise you and negotiate to best protect your rights.

Unfortunately in today's world, it is not uncommon for companies and institutions to encounter serious financial difficulties. However even the best run companies can find themselves unable to pay their creditors when they are not paid by their debtors. We advise clients in difficulties and liaise with the appropriate liquidation specialists.


 

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