Good morning,
"I've been served a statement of claim, please help me!"
This often-made request is the result of a client falling behind in paying invoices or failing to challenge discrepancies.
Always in the first instance is to 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, the 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 enables 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 which 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
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