NSW Credit Law

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April 2024

Further to our recent article regarding issuing a Statement of Claim, you may recall that there are several ways that defendants usually respond: Pay the Statement of Claim amount, which is the debt amount plus the legal costs and interest, within 28 days of being served. Apply to the court to acknowledge the debt and make an application to pay by instalments. Contact the solicitor acting for the Plaintiff creditor to negotiate settlement. File a defence to the Statement of Claim with the court. If this happens then the court will list a hearing date for a pre-trial review or

If a debtor is unresponsive to pre-legal demands and negotiations to settle a debt, then the matter usually proceeds to court to commence legal debt recovery proceedings.   When a client instructs us to collect a debt on their behalf, they usually do not want to take any further interest in the matter other than to provide instructions along the way and to receive updates about the progression of the matter.   However, it is prudent for clients to have a basic understanding of the legal debt recovery procedures. Over the next few weeks, we will be publishing articles that cover all aspects of