Hello everyone,
Regretfully whilst most people are being respectful, some are using the COVID-19 restrictions to avoid debts owed.
The government has amended much legislation to assist the business to trade through this period. One of the changes is to the time required to respond to a Statutory Demand from 21 days to 6 months. Thus, a relatively easy lever to have companies to respond to outstanding debts has effectively disappeared. This has been evident in both the government and private sector which has seen applications for Windup applications decrease markedly.
I continue to successfully recover outstanding money starting with a Letter of Demand and if necessary proceed to debt recovery action in the courts. Whilst I always recommend going to court as a last option, I attribute my continuing success to very careful preparation and ensuring as much as possible I have covered all bases that may allow a debtor to defend.
It is very important to show the court the attempts that have been made to settle the debt as courts wish to have matters mediated if insufficient attempts have not been made.
I have found most creditors who are approached promptly, will work with you to enable your business to continue trading. Silence is disrespectful and can lead to court action without notice. My advice is to keep an open conversation with your creditors should conditions appear to be affecting your ability to pay invoices or rent. I have found that the majority of people when they have been contacted at the first available time, are willing to negotiate. I have been involved in negotiations for my clients both debtors and creditors as a result of COVID-19. In the majority of cases, the parties have arrived at a suitable arrangement. From my experience delay and silence acts to build walls, inhibiting efforts to negotiate.
If I can be of service to assist you or anyone you know, please contact me.
Have a wonderful day,
Jeffrey
0419 233 670
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ps. I am available to discuss matters either in my office or by Zoom conference and provide notary services which must be in person
大家好，
令人遗憾的是，虽然大多数人都被尊重，但有些人利用Covid 19疫情的限制来躲避欠债。
政府修改了许多立法，以帮助企业在这段时期内进行贸易。其中一个变化就是对法定要求作出反应所需的时间从21天改为6个月。因此，一个对公司的未偿债务作出反应的简单的相关杠杆，实际上已经不起作用。这一点在政府和私营部门都很明显，因为它们的申请数量明显减少。
我仍然成功地追回了未偿款项，从一封要求函开始，如有必要，也可以在法庭上提出追讨债务的诉讼。我将我的持续成功归因于非常仔细的准备工作，并尽可能确保我已经涵盖了所有允许债务人辩护的可能，但我还是建议诉诸法庭是最后的选择。
向法院展示为解决债务所作的努力是非常重要的，因为如果没有作出足够的努力，法院希望调解事项。
在接触了大多数债权人后，我发现他们愿意与您合作，使您的企业能继续交易。沉默是不尊重他人的行为，可能导致不经通知而提起诉讼。我的建议是，如果情况似乎影响到你支付发票或租金的能力时，请与你的债权人保持公开对话。我发现大多数人在第一时间联系他们时都愿意进行谈判。由于COVID-19疫情的缘故，我一直在为我的客户（包括债务人和债权人）进行谈判。在大多数情况下，双方达成了一定的共识。根据我的经验，拖延和沉默的行为只会在双方之间竖起一道墙，从而阻碍谈判的效果。
如果我能为您或您认识的任何人提供帮助，请联系我。
祝您度过美好的一天，
Jeffrey
0419 233 670
请点击此处查看更多
另外，我可以在办公室或Zoom视频会议上讨论相关事宜；提供公证服务必须当面进行。
If you or someone you know need a legal advice during COVID-19, do not hesitate to contact JCL Legal now!
