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Legal Action

Legal action to recover your debts may be initiated from the outset, or following the commercial debt collection stage. ACCOL uses the services of fully qualified solicitors for its legal recovery processes. There are two main stages:

Court stage

The jurisdiction of courts varies by state, eg the Magistrates court deals with matters up to $50,000 in Queensland and $100,000 in Victoria.

If ACCOL brings an action on your behalf, you become the Plaintiff. The Claim is lodged in an appropriate court and papers served on your debtor who is called the Defendant. This may be sufficient to prompt your debtor to pay up, or offer terms of settlement.

If your debtor does not pay and does not contest the case, after a designated period ACCOL can apply to the court on your behalf for a Default Judgment. In effect this is a court order stating that the debtor owes you the amount claimed. If the matter is contested ACCOL can arrange legal representation for you in court.

Enforcement stage

If the debtor still has not paid, ACCOL can apply for and attend an Enforcement Hearing on your behalf for a Warrant of Seizure of property or other means to enforce payment. If necessary, bankruptcy of the debtor or wind-up of the a debtor company can be initiated.

When matters are taken to court all eligible costs are added to your Claim and interest may be added to the debt owing to you. Where the debtor has assets, legal action is a powerful means to enforce payment of the monies owing to you. For contact details and enquiries, click here.
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