Owed money? Should you call a debt collector or a lawyer?

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Rostron Carlyle Rojas

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Rostron Carlyle Rojas is an Australian firm providing accessible legal advice across business and personal law. With offices in Brisbane and Sydney and technology to serve overseas clients, they prioritize building relationships with clients.
That decision is usually dependent on the circumstances, the amount of debt and the required timeframe for resolution.
Australia Finance and Banking
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If someone owes you money, you may be unsure as to whether you should be engaging a debt recovery lawyer or alternatively a debt collection agency.  It is usually dependent on the circumstances, the amount of debt and the required timeframe for resolution.

It is recommended that you talk to both a debt collection agency and debt recovery lawyer, in order to see which is the best option for you.  However, some factors which you may wish to consider are:

Debt collection agency

  • Debt collection agencies have competitive fees and adopt a "no collection, no commission" model.  Meaning that, they will only charge commission only if and when they have successfully collected the debt.
  • Have the incentive to collect fast, since they want to be paid their commission;
  • They have a high success rate as it is their speciality and have experience in collecting debts; and
  • They tend to do a free appraisal of your debt.

Debt recovery lawyer

  • Can provide comprehensive and tailored legal advice and recommendations (especially in circumstances if the debt is disputed, as debt collectors are limited in what they can provide);
  • Are able to draft a customised letter of demand;
  • Can file court documents and represent you in any court proceedings later down the track;
  • They can provide you with a realistic and commercial solution, depending on your needs and circumstances of the debt; and
  • Have a high success rate as it is their speciality and have experience in collecting debts

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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