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  • #987274
    JewellerTracy
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    Hey All :)

    Wondering if anyone knows of any legal advice help-line kind of thing for small businesses in NSW. I have tried searching online, but the results are totally confusing and lead me all over various websites but not really to anything helpful.

    I have an issue with an outstanding payment, but it is a bit complicated and the ‘client’ is refusing to pay and ignoring all correspondence. Obviously, I think they owe me and they think they don’t….. It’s not a huge amount, but enough to make a difference to a small business.

    How does one go about enlisting a “collection agency”? And is the Collection Agency able to advise on the viability of the claim? Also, any recommendations for such a service? Have never had this type of situation before so am totally lost.

    Just think I need some legal advice before I proceed further.

    Thanks

    #1161922
    Pai1nter
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    • Total posts: 25
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    You can probably do this yourself if you have the time to.

    First you send a letter of demand and request that it be paid within 14days otherwise you will commence legal action.

    If no payment is received, you can go to either Local court of small payments tribunal in the state.

    If the judge thinks that your claim is valid then you will get a judgment to that effect.

    Visit a solicitor near you and they can probably do this for you.

    #1161923
    Clean Thumb
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    • Total posts: 3
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    Make sure that you have written them a formal letter of demand. If you do go to court (Small Claims Div of the Local Court), the magistrate will consider what you have done to try and get your money back – so they won’t be very pleased if you don’t have proof that you’ve done something about it.

    Luckily nowadays the process of debt recovery is pretty easy! The courts and government are moving away from unnecessary and complicated legalese to, what they describe as, plain English. They also recognise that most small claims aren’t large enough to warrant the involvement of a lawyer. So, don’t worry if your pleadings aren’t as polished as a lawyer’s and magistrates usually explain things pretty well during the course of the matter.

    Hope this helps!

    See the link for more helpful info:
    http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_debt_small_claims_home/lawassist_does_someone_owe_you_money_home.html

    PS: obviously this isn’t proper legal advice, so don’t sue me :P

    #1161924
    Carl Desacola
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    • Total posts: 21
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    Hi Tracy,

    The following two articles should give you a much clearer idea as to the debt recovery process for small claims in NSW:

    http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-nsw/

    http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_debt_small_claims_home.html

    The process is designed to be simplified so that non-lawyers can do it all themselves (with a little bit of effort!).

    Good luck!

    Kind Regards,

    Carl Desacola
    Director | Registered Migration Agent (MARN 1461661)

    Winthrop Mason | Business Lawyers & Migration Agents
    P (07) 3303 0843 F (07) 3303 0842

    Winthrop Mason Pty Ltd ACN 168 185 886
    AMP Place, Level 19, 10 Eagle Street, Brisbane, Qld 4000

    Individual liability limited by a scheme approved under Professional Standards Legislation

    #1161925
    MissSassy
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    Good luck getting your payment, it is never easy for small business.

    Make sure you review you payment policies so this doesn’t happen again to your business.

    #1161926
    Alex (LegalVision)
    Member
    • Total posts: 52
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    Hi Tracy,

    Your situation sounds frustrating! I work at LegalVision (an online law firm) and we have set up a free question and answer forum on Google+ where you can ask any legal question and get a reply from a lawyer.

    Free legal q&a forum: https://plus.google.com/communities/105734126390721453423?utm_content=buffer00278&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

    Feel free to post your question and one of our lawyers will get back to you.

    Nikita

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