Debt Recovery & Defence

At Cogent Lawyers we appreciate that Debt Recovery can affect cash flow and cripple our clients and their businesses. That is why we have a specialised division that deals with debt recovery expeditiously.

Here are some reasons why you would engage Cogent Lawyers for debt recovery rather than a mercantile agent (debt collector) to act for you:

  • When Cogent Lawyers commences proceedings for you our fees are fixed by legislation whereas mercantile agents usually charge fees as agreed between the parties.
  • Moreover, Mercantile agents usually charge commission (being a percentage of your debt) sometimes up to 15% or more. In contrast Cogent Lawyers do not charge any commission.
  • In addition to interest, court filing fees and process server fees, Cogent Lawyers’s professional fees for commencing proceedings (& obtaining judgment in undefended matters) are also fixed by legislation and added to the debt owed to you , whereas your mercantile agents fees are not.
  • When the debt is contested the mercantile agent will transfer the matter to their lawyer whereas, engaging Cogent Lawyers from the start ensures expediency and reduces your costs from double handling.
  • Having acted for and against mercantile agents our experience shows that having a lawyer draft your statement of claim maximises the prospects of your matter.

Here are some reasons why we think you may wish to engage a mercantile agent rather than a lawyer to recover your debt:

  • You are a very giving and generous person, have little or no interest in your matter, you enjoy complaining about the debt and how you were wronged to others, and thus wish to stretch the recovery out to the statutory limitation period with little expectation of recovering the full amount owed, and even if you recovered the full amount you would likely donate 15% to your nearest mercantile agent anyway.

If you are a mercantile agent and are still reading then you have a good sense of humour and are likely an existing client, and know that we say the above with affection.

Alternatively, if you are not a mercantile agent and have a debt you wish to recover, then we hope we made you smile, and provide below for you a list of our complete debt recovery services:

  • Locating debtors
  • Location of identifiable Assets
  • Title and ASIC searches
  • Letters of demand.
  • Settlement Negotiating with attractive payment options for debtors
  • Statements of Claim
  • Summary and Default judgments
  • Examination of Debtors to locate assets for recovery
  • Writs against property
  • Garnishing of wages
  • Statutory Demands
  • Drafting defences to alleged and legitimate claims
  • Drafting Cross Claims and Defences to same
  • Defending against claims in all courts

For free general information regarding Debt & Credit problems contact LawAccess online.
NSW Young Lawyers has researched and written a free publication on Debt for the community. The Debt Handbook is written in an easy-to-understand style and offers suggestions for further assistance.

Importantly, the Debt Handbook is for information purposes only and should not be taken or relied upon as legal advice. Nor is it intended as a substitute for legal advice from a qualified solicitor who is familiar with the facts of your particular case.

Therefore, contact our office today for a conference with one of our Debt Recovery & Defence Litigation lawyers.

Contact us today to arrange a consultation.