【安和律师事务所】债务以及债务追索相关法律咨询

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债务追索是什么,为何需要的时期

债务不是一件轻松的事。无论是债权人还是债务人,情况都是同样不理想的。然而, 当债务问题出现时, 以尽可能公平合理的方式追讨所欠债务是必要的。通常, 由于债务人所处的财务状况,他们可能无法偿还债务, 从而导致违约。

在这种情况下,债权人如何可以合法地收回欠款? 这正是债务追索所关注的。根据南澳大利亚法律,债务追索是指通过法律程序,使债务人向债权人偿还所欠债务的过程。然而,用于追索贷款的法律行动因情况而异。

采取法律行动

寻求法律渠道来追讨贷款未必总是最佳或首选的行动方案。要评估情况是否需要采取法律行动,首先必须评估以下因素:法律费用、债务人偿还能力,以及债务问题本身是否无可争议。

首先, 当债权人寻求通过法院判决来追回债务时, 他们必须知道法律程序将产生法律会有费用。根据法律程序持续的时间长短, 以及法院判决是否最终使债权人获得赔偿,法费用会增加债权人的损失金额。如果预计债务追索过程的法律费用过高, 债权人难以承担, 那么继续进行法律程序可能是不切实际的。

第二个需要考虑的因素是债务人是否有能力充分补偿债权人所欠债务。在许多情况下, 债务无法追回的一个主要原因是债务人没有支付债务所需的资金。在很多情况下,债务人可能已经欠其他债权人的债务, 这影响了他们偿还任何一个债权人所欠债务的能力。与债务人进行沟通将有助于考虑是否可以从债务人那里追回你的债权, 这可能帮助你决定是否应该选择采取法律行动来追回债务。

第三个应考虑的因素是债务问题本身是否存在可争议性。简单地说:贷款中是否存在一些情况可能影响你被欠债务的案件?鉴于法院裁决是根据是否可以明确证明发生了违法行为而做出的,如果债务人能够提出足够有力的理由证明他们并不欠债,你不仅可能失去债务人原本欠你的款项,还可能失去为法律程序支付的费用。债务人常常声称否认所欠债务的一个常见领域是,如果所欠债务是以货物和服务的形式,如果可以证明提供的货物和服务不达标准,就可能存在根本上没有债务的情况。

寻求法律咨询

债务和债务追索从来都不是愉快的话题, 对于债权人或债务人而言,情况可能并不像看上去那么简单明了。因此, 总是建议寻求法律意见,了解作为债权人追讨所欠债务的案件有多么充分的理由。

在H&O律师事务所,我们提供债务追索建议,该建议考虑了各种因素,并为您提供了尽可能追回所欠债务的最佳行动方案。作为一家拥有为英语和华语客户提供法律服务经验的律师事务所,我们能够更好地理解各种债务背景,并以最大限度保护您的利益的方式为您提供债务解决方案。

如果您对家庭法有任何疑问，请随时与我们联系。 您可以发送电子邮件至 [email protected] 或致电 (08) 8410 9069 安排预约/在线面试。请注意，本文不构成法律建议，H & O Lawyers 不会对您根据本文采取的任何行动承担法律责任。

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Tf3/30 Field Street Adelaide SA 5000

Sydney office (By appointment only)

Level 9/25 Bligh Street, Sydney 2000

Debt Recovery: What is it and why you might need it

Debt is never an easy issue. This is true for both the lender of the debt and the one who owes the debt. Yet, when the issue arises, it is necessary for the debt owed to be recovered in a fair and equitable manner as possible. Often, due to financial circumstances that the indebted find themselves in, they may not be able to repay the debt, thereby defaulting on it.

Under such circumstances, how may lenders reclaim the money owed them lawfully? This is what debt recovery is concerned about. Debt-recovery, under South Australian law, refers to the legal process of getting the debt owed to a person by debtors (SIC). However, the kind of legal actions that should be used to recover the loan differ from situation to situation.

Taking legal action

Seeking legal recourse for to reclaim a loan might not always be the best or the first choice of action. To evaluate if the situation calls for legal action to be taken, the following factors have to first be evaluated: legal fees, the ability of the debtor to pay, and how undisputable the issue of the debt is.

When seeking to recover one’s debt through court rulings, it is important for the lender to know that legal proceedings will incur legal fees. Depending on how long the legal proceedings take, and whether the court rulings successfully result in the lender being recompensed, legal fees add to the loss amount of the lender. If the legal fees of the debt recovery process are projected to be too much for the lender to undertake, it might be impractical to follow through with legal proceedings.

The second factor to consider is if the debtor has the ability to recompense the lender adequately for the debt owed. In many cases, a major reason why debt is not recovered, is because the debtors do not have the money required to pay for the debt. In many cases, debtors may already have other debts owed to other lenders, which greatly affects their ability to repay all the debts owed to any one lender. Talking with the debtor would be helpful to consider whether the debt owed to you could be recovered from the debtor, and this might help you decide if you should choose to pursue legal actions to recover your debt.

The third factor that should be considered is the disputability of the issue of the debt. Simply put: Are there any circumstances of the loan that could affect the case that you have been owed a debt? Given that court decisions are made based on whether it can be clearly proven that a wrong has taken place, if the debtor can make a strong enough case that they do not owe a debt, you might not only lose the original amount owed to you by the debtor, but also the amount paid for court proceedings to take place. A common area where debtors might often claim to deny that a debt has been owed is if the debt owed is in the form of goods and services. If it can be proven that the goods and services offered are sufficiently not up to standard, a case could be made for there not being a debt in the first place.

Seeking legal advice

The issue of debt and debt recovery is never a pleasant topic, and it may not be as clear as it seems to either lender or debtor. As such, it is always advisable to seek legal advice to learn how strong of a case one has as the lender, to reclaim the debt owed to them.

Here at H&O Lawyers, we provide debt recovery advice that considers the various factors and offers you the most suitable course of action to reclaim as much as your debt as possible. Positioning ourselves as a legal business that has experience helping both English-speaking and Mandarin-speaking clients, we are able to understand better the various contexts for debt and can offer debt-resolution in a way that best protects you.