If you don’t recover debt after:
• friendly reminders
• informal negotiations
• a letter of demand
you might decide to use a debt collection service.
A debt collection service is a business that tries to recover the money for you for a fee.
Using a debt collection service goes one step further than sending a letter of demand. It signals to the hirer or buyer that you have decided to hand the matter over to professionals.
This could further strain your business relationship, however, sometimes it may be more important to get the money you are owed.
Follow our steps to learn how to use a debt collection service.
1. Find out who controls the other business
Make sure you’re dealing with the right person when trying to resolve a dispute. Do a general web search for their name or use these services to get their business name and company details:
• ABN Lookup Service – search for details of Australian business numbers.
• Organisations and Business Names Search – search for business names and company name details on the Australian Securities & Investments Commission (ASIC) register.
2. Get advice
Consult your business adviser, industry association, union or lawyer for advice:
• To find a lawyer, contact the Law Society or the Law Institute in your state or territory. For contact details search online.
• Unions can represent independent contractors and help with disputes. To find out which union covers you, go to the Unions Australia website.
• Get advice from a business enterprise centre. There are offices in every state and territory providing advisory services to small businesses.
3. Choose a type of debt collection service
Traditional debt recovery methods
Traditionally, a debt collection service will send a 'letter of demand' to the debtor on its letterhead, demanding that the debt is paid by a particular date or legal action may be taken. If necessary, the service will issue a second, 'final' letter of demand or follow up with a 'phone demand'. If unsuccessful, you can engage the service to take legal action on your behalf. The fee you’ll pay is referred to as a commission. Most commission rates for debt collection services vary between 5% and 30% of the value of the debt.
Debt purchasing or debt buying
In some cases, you can sell the debt to a debt collection service for a small percentage of the debt amount. The service will then pursue the debtor to recover part or all of the money owed. You’re not entitled to any of the money they recover. You may wish to consider this option when you have written off debt.
Online debt recovery
Some debt collection services or lawyers provide online debt recovery services. Usually, these services require you to type in the information about the debt you want to recover, such as:
• the debtor's business name
• address
• amount of debt
• what the debt was for
The service then generates a letter of demand for a fee that you pay online. The letter is usually sent to the debtor for you.
Advantages
The advantages of online debt recovery are:
• it's fast and easy
• it's relatively cheap (often a fixed fee paid by credit card online)
• the letter is usually on the letterhead of a lawyer or debt collection service so it may have more of an impact than an ordinary letter
Disadvantages
The disadvantages of online debt recovery are:
• you have little control over what is written
• you probably won't get advice as part of the service
• there are the usual dangers of using internet services, such as fraud and insecure payments
• it could damage your future business relationship with the hirer4. Find a debt collection service
4. Find a debt collection service
To find a debt collection service provider you can:
• search online under 'debt collection services' or 'debt collect'
• find an online debt collection service or lawyer by doing a general web search for 'online debt collect'
Call JCL Legal now to speak with our senior debt recovery lawyers in Sydney. We are a law firm that understands.
source: business.gov.au
