Have You Been Served with a Statement of Claim?

Have You Been Served with a Statement of Claim?


 

Good morning,

"I've been served a statement of claim, please help me!"

I have spoken previously regarding the need for communication.

Unfortunately, I have several clients who were facing court action due to silence brought about by embarrassment due to their inability to pay their invoices on time. My first action was to telephone the creditor in an endeavour to save the costs of proceeding to court with a plan of payments. In the majority of cases, this approach was successful.

Always in the first instance, I discuss the situation with my client and discover the situation from their point of view. It is often the case that the problem lies in communication. From my experience, every business at some time will suffer cashflow problems. From my own experience as a small business owner and as a lawyer, immediate communication is essential. Very often clients believe that they will trade out of their immediate problem and will be able to pay or debts late and do not wish to make their supplier aware of their immediate problems. On the other hand, business gets in the way of communicating a problem with the goods, or an error in the invoice.

If possible, I will endeavour to settle the matter through a conversation with the creditor. The amazing thing I find that in most cases clarity and honesty enable the situation to be solved, avoid the costs of litigation and settled by a deed, by a payment plan, have the invoice either further explained to the satisfaction of my client or amended by agreement. I have found that in the majority of cases it is the silence and lack of information that has caused a creditor to commence proceedings.

In all relationships, equal respect for each other is mandatory where looking at situations from the other side and understanding their position will result in better relationships be that of creditor and debtor or plaintiff or defendant. Litigation must always be the last option after all other options have failed. If you need my assistance to communicate with a creditor or other party please do not hesitate in contacting me.

Have a wonderful day,

Jeffrey
0419 233 670
[email protected]

Please click to see more HERE.


早上好,


“我收到了一份索赔书,请帮帮我!”

我之前已经谈到过沟通的必要性。

不幸的是,我有几位客户因为没有按发票要求按时付款而陷入窘境并且面临法庭诉讼。我的第一个反应就是打电话给债权人,以节省向法院提出付款计划的费用。在大多数情况下,这种方法是成功的。

我总是在第一时间与我的客户讨论情况,并从他们的角度发现情况。问题往往出在沟通上。根据我的经验,每家公司在某个时候都会遇到现金流问题。从我作为一个小企业业主和律师的经验来看,即时沟通是必不可少的。客户通常认为他们会很快解决眼前的问题,能够按时或延迟偿还债务,不希望让供应商意识到他们眼前的问题。另一方面,企业在货物出现问题或发票有错误时没有及时进行沟通。

如果可能的话,我将努力通过与债权人的沟通来解决此事。令人惊奇的是,我发现在大多数情况下,清晰、诚实地说明情况能使问题得以解决,避免诉讼费用,并通过建立契约、付款计划,对发票要求作进一步解释或签订补充协议,使我的客户满意。我发现,在大多数情况下,是沉默和缺乏沟通导致债权人启动了诉讼程序。

在所有关系中,平等、尊重是强制性的,从对方角度看问题,理解他们的立场会导致债权人和债务人或原告或被告的关系得到改善。诉讼始终是所有其他选择失败后的最后一个选择。如果您需要我帮助与债权人或其他方沟通,请不要犹豫与我联系。

祝有愉快的一天,

蔡福榮 Jeffrey
0419 233 670
邮箱:[email protected]

请单击此处查看更多信息。

If you or anyone you know needs any advice regarding how to respond to a statement of claim in Sydney, NSW, please have them contact JCL Legal so that I can discuss their particular requirements with them.

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