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6 Key Ingredients to Successfully Collecting Your Debt

Avoid Future Debts, Blog & Articles, Consolidation Advice, Debt Problems, Debt Recovery, Default Notice letter, General Procedure Claim, Legal Letter

From overdue accounts to aged debtors, and from aged debtors to bad debts.   It is a common and repeating problem amongst all businesses.  It can be very frustrating indeed.

Here are the key ingredients to improve your chance of successfully collecting a debt.
1.         Effectively Communicate with Your Debtor
Make sure the debtor is aware of the outstanding account or the debt.   He or she may not have received your accounts.
Best way to communicate is to put your intention in writing and followed by a phone call to make sure the debtor has received your letter.
2.         Valid Legal Basis For Payment
There must be a valid legal reason for you to collect your debt.    You need to have an entitlement to be paid.  For example, a contractual right or an agreement that entitles you to claim payment.
Identify your rights and state it clearly – for example, describe the agreement, date of the agreement, terms of the agreement that the debtor is supposed to pay, particulars of your invoices, the date payment was due, and the fact that payment has remained outstanding.
Also remember to reserve these rights that you have identified.
3.         Compelling reasons for debtor to do something NOW
You need to make it compelling for the debtor to pay you, or at least respond to you and resolve the issue.   Some of the methods to compel a debtor to respond:
·         Your intention to hand over the matter to your lawyer
·         Your intention to commence legal action
·         You will hold the debtor responsible for additional costs incurred due to his or her non-compliance to your demand
·         Generally, a legal demand from a law firm has more weight because it conveys a firm message to the debtor that you are serious about the non-payment issue and the debtor should act quickly.
·         You may even attach a draft Summons of the Court.  It strengthens your message to the debtor that you are getting very serious and you will not entertain any bad excuses.
It is important that you are exercising your legal rights in demanding payment, and not “threatening” for payment.  Threats and extortion are prohibited and illegal.
4.         Set Time Limit
You should set a reasonable time frame for the debtor to reply to you.  Generally, 7 days to 14 days would be adequate.  By setting a time limit, it gives the debtor a sense of urgency to act on it immediately.
If you have a contract, you need to be aware of any terms of the contract that may have prescribed the steps and procedures you have to take in the event of a default.
You should diarise the time limit you have stipulated for the debtor to reply.  Thereafter, you may need to consider taking the next step – passing it to your lawyer for further legal action.
5.         Does the debtor have a valid reason to refuse?
Are you aware of any possible legal reason the debtor is refusing to pay you?  Some of the common reasons include:
·         It was not agreed. For example, variation or changes to the original agreement not recorded in writing.
·         Negligent on your part or failing to meet the minimum standard of care.
·         What was delivered did not match what they expected.  For example, poor quality, does not correspond to description, poor workmanship, etc.
         You may already know what reason it may be that the debtor is refusing to pay.  Be prepared for it.
6.         Be Prepared to Negotiate
If you get a response from the debtor to your legal demand, be prepared to negotiate.  Getting something is better than nothing.  You want to encourage that they respond to you and be upfront, as opposed to completely ignoring you.
You may be able to resolve it by offering a discount if the debtor pays within certain time frame, enter into a payment plan, or “make-good” whatever the debtor may not be happy about.  It is a chance to strengthen your relationship with your customer!

 

About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing service on Commercial Law, Dispute Resolution & Litigation, Family Law, Wills & Estate Planning and Settlements.

About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing service on Commercial Law, Dispute Resolution & Litigation, Family Law, Wills & Estate Planning and Settlements.

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How to Recover Your Debt In An Effective Way?

Avoid Future Debts, Blog & Articles, Consolidation Advice, Debt Problems, Debt Recovery, Default Notice letter, General Procedure Claim, Legal Letter

Why You Need Tang Legal to Assist Recovering Your Debt?

In 2014-2015, the Australian Financial Security Authority revealed a total of 28,228 personal insolvency activities. Of which, over 17,000 ended up in bankruptcies.

If a person is declared bankrupt, his or her financial affairs will go into the hands of the bankruptcy trustee.
Consequences, if you are a creditor, are that:

  1. You cannot bring lawsuits against the person (debtor);
  2. If you are unsecured, you join the queue with other unsecured creditors; and
  3. You know you will almost have to write-off the entire overdue account as another bad debt.

It is extremely unlikely a debtor (especially those in financial troubles) would volunteer to pay your outstanding accounts.
In fact, the longer you wait, the harder it is to collect your debt. It is time consuming and not pleasant to chase for payments, and it is very likely the debtor will simply ignore you and avoid you anyway. But it has to be done, sooner than later. This is where a formal legal demand from a law firm acting on your behalf may compel the debtor to respond to you. For general debts, there is a 6 years limitation period from when the debt is accrued before you lose your legal rights to sue.


3 Reasons to Engage a Lawyer Recover Debt


Reason 1: Effectiveness
A formal letter of demand on a law firm’s letterhead conveys the seriousness of non-payment and gives a real sense of urgency. It compels the debtor to do something.

Reason 2: Effectiveness
Forget about all the fancy arrangements with debt collectors, your objective is simple – recover your money. Appoint a lawyer, exercise your legal rights and get your money back.

Reason 3: Yes, still Effectiveness
Lawyers understand the court procedure and process. Good lawyers WILL help you save unnecessary costs and effectively resolve your matter.

Please do not wait, ACT NOW! Call us at (08) 9328 7525 for more information.

April 2016 PROMOTION- $ 99 Fixed Fee Letter of Demand


For the month of April 2016, we are pleased to promote our fixed fee letter of demand – $99.00.
Letter of Demand is a legal demand and serves as final notice for your debtor to make payment within a stipulated time.
You may include a DRAFT General Procedure Claim to the Letter of Demand for an additional fixed fee of $495.00. This adds to the seriousness of and strengthens the demand.
It conveys your determination to take action, forcing the debtor to reply immediately to avoid further Court action.
Please feel free to contact our Senior Lawyer, Mrs Kim Samiotis, or our Partner, Mr Anfernee Lai at (08) 9328 7525 for more information.

About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing service on Commercial Law, Dispute Resolution & Litigation, Family Law, Wills & Estate Planning and Settlements.
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4 Changes Foreign Investors Need To Know About Purchasing Property in Australia

Anfernee Lai Perth, ATO Investigation, Blog & Articles, FIRB, FIRB Investigation, Foreign Investment Review Board, Property Investment, Tang Legal

The total value of foreign investment in Australia stood at $2.8 trillion at the end of 2014

(Statistic obtained from the Department of Foreign Affairs and Trade)

WHAT ARE THE RECENT CHANGES?

The current Government has introduced various changes to the foreign investment rules and the important ones include:
  1. Tougher penalties for foreigner who breached the rules relating to purchase of residential real estate – e.g. the existing criminal penalties have been increased to $135,000 or 3 years imprisonment or both for individual foreign citizens who breached the law;
  2. Although acquisition of agricultural land holdings are generally not required to be approved by the Foreign Investment Review Board (FIRB), Foreign-owned agricultural land holdings are required to be registered with the Australian Taxation Office’s newly established Agricultural Land Register;
  3. Introduction of an application fee for obtaining FIRB approval – e.g. $5,000 fee for obtaining approval for buying residential land where the price is $1 million; $10,000 fee for obtaining approval for buying residential land where the price is over $1 million and less than $2 million;
  4. Stronger enforcement process – the ATO has now taken over full responsibility for enforcing residential real estate purchases by foreign citizens. 

The recent changes are aimed to have stronger, more effective and more enforceable rules regarding foreign investment. The days where people thought that their breach of the foreign investment laws would never be caught are gone and every foreign citizen must carefully consider the legality of their intended purchase of assets in Australia.

THINGS TO CONSIDER WHEN BUYING RESIDENTIAL PROPERTY

Australia has a long established policy to strictly regulate the purchase of established houses by foreigners in order to maintain sufficient housing supply to its residents.

 

If you are a non-resident foreign person, you should consider the following general rules before buying any residential property:
·         you are prohibited from buying established dwellings(2nd hand house) in Australia;
·      you will need to apply and receive FIRB approval before buying new dwellings (e.g. newly developed apartment) and usually approval will be granted without any condition;
·        you will need to apply and receive FIRB approval before buying vacant residential land for development and usually approval will only be granted under the condition that you must develop the land within certain period of time.

 

 

THINGS TO CONSIDER WHEN BUYING COMMERCIAL/AGRICULTURAL PROPERTY

Whether a non-resident foreign person requires to notify FIRB prior to buying a commercial property depends on if the commercial land is vacant or developed. If the commercial land is vacant (no substantive permanent building on the land), FIRB notification is required. If the commercial land is developed(there is substantive permanent building on the land used for commercial purpose), foreign persons generally do not need to notify FIRB prior to the purchase unless the land is valued more than $252 million.
 
If a non-resident foreign person propose to buy an agricultural land, generally approval from FIRB is not required if the agricultural land valued less than $15 million. Agricultural land means land that is used wholly and exclusively for a primary production business. It is important to understand that “hobby farms” are not considered to be agricultural land and approval from FIRB will be required.


THINGS TO CONSIDER WHEN BUYING BUSINESS ASSETS

Australia usually encourages foreign investment into its business sector and therefore rules regulating business acquisition by foreigners is less stringent than rules regulating purchase of residential properties.
Generally, foreign persons (except foreign government investors) can buy business assets in Australia without approval if the interest to be acquired valued at less than $252 million. If the business is an “agribusiness” then approval is generally not required if the value of the investment is less than $55 million. Agribusiness includes industries such as agriculture, forestry, fishing, meat processing, poultry processing, dairy product manufacturing, grain mill product manufacturing, sugar manufacturing etc.
 

 

Finally, if you are a non-resident foreign person and you have any doubts about your proposed purchase of assets in Australia, you should seek legal advice before signing any contract because fail to comply with the foreign investment laws may result in very severe penalties (including imprisonment) being imposed against you.  
 

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About the Writer

Kelvin Tang

Kelvin has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing service on Commercial Law, Dispute Resolution & Litigation, Family Law, Wills & Estate Planning and Settlements.
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Defamation Case: How To Defend a Defamation Action?

Australian Defamation Lawyers, Blog & Articles, Commercial Disputes, Defamation and dispute, Defamation Law; Defamation Perth; Litigation, Tang Legal, 文章和出版物

The Story

Mr Wright, a shareholder of a company, had been served with a writ alleging he had defamed a company and its managing director in an online shareholder’s forum.

Mr Wright had been advised by the solicitors acting for the company and managing director that the damages could be in the vicinity of $80,000.

Solution

We were instructed by Mr Wright to defend the action and filed a statement of defense raising grounds of honest opinion amongst other defenses. 

Upon investigating further, we discovered the company had more than 10 employees and was therefore ineligible under the Defamation Act to commence a cause of action for defamation in Western Australia. 

 

Outcome

 

We advised the company and the managing director’s solicitors that we would file a notice to strike out the company’s claim against Mr Wright.

 

 

Whilst the managing director was still eligible to continue with the defamation action against Mr Wright, his solicitors agreed to discontinue the company’s claim and settle the managing director’s claim against Mr Wright for $10,000 plus a notice of retraction from the company to Mr Wright.

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Case Study: How Did Our Lawyers Handle Complex Case involving Commercial Transactions & Migration Law?

Blog & Articles, Business Disputes Perth, Business Migrants, Commercial Disputes, Commercial Law, FIRB, Immigration Law, Migration Law, Perth Immigration Lawyer, Tang Legal, Visa 132

The Story

Mr Lee and his family was granted permanent resident visa.  To get the grant of the visa, Mr Lee entered into an agreement with the State that he will, amongst other conditions:

11) Invest at least $1,500,000 into an “Eligible Business” in the State;  and
22) The “Eligible Business” must employ at least five (5) full time employees who are either citizen or permanent residents of Australia.
Mr Lee looked at many possible investments in the State but repeatedly encountered these problems:
1.       Language barrier – Mr Lee does not speak or understand English.  Communication was a huge barrier.
2.       Cultural difference – Mr Lee operates a large enterprise in Asia and he has many personnel under him to manage and run his businesses for him. He was surprised to learn that owner of the business here is very often key person to the business.  He will not be able to commit 100% into the business due to his other commitments.  Mr Lee is also concerned about the safety of his investment.
3.       Constant uncertainty as to whether the business is in fact an “Eligible Business” and whether it can help him satisfy the migration requirements.

 

Mr Lee finally decided to invest with a property developer.  Mr Lee’s instructed us to advise and represent him.

 

Solution

We advised Mr Lee that his proposed venture and transaction must be structured to achieve the overarching purposes of:
11) Complying with Commonwealth migration requirements and Mr Lee’s Agreement with the State; and
22) Securing his commercial interests and his capital.
In terms of Commercial Law, Mr Lee took the following steps with our advice:
1.       Formation of legal structures for Mr Lee to undertake the investment.
Amongst other issues, segregation of risk, protection of personal assets, complying with migration requirements, and tax implications are important considerations in undertaking this task.
2.       Negotiation and formulation of the transaction structure with the property developer.
Amongst other considerations: 
·         Specific focus on ownership structure, investment vehicle, investment structure, key personnel required, role and obligations of Mr Lee and the property developer is important for migration compliance. 
·         Control of project and funds, security or collaterals, timing of project, possible variations, and terms and conditions of investment are important considerations for protection of capital.
·         Transfer duty and tax implications must be considered PRIOR TO entering into formal agreements.
3.       Prepare and advice on the formal agreements required in order to put together the transaction.
4.       Carried out due diligence on the proposed investment and the property developer.
5.       Completion and settlements of the agreed transactions.

In Migration Law:

 

11) We conducted a full review of Mr Lee’s initial business plan and Agreement with the State, and we advised Mr Lee that given the changes to his agreement with the State, he needs to notify and obtain approval from the State for the variation.  Note:  The formal agreements between the parties were made subject to Mr Lee obtaining an approval to amend Agreement with the State.
22)  IMPORTANT issue to overcome: Investment in property is very often seen as a passive investment and does NOT qualify as an “Eligible Business”.   Special attention must be given to how the transaction is structured to avoid complications.
33) Also given his increase in the amount of investment into the “Eligible Business”, we advised that he could negotiate with the State for a more lenient requirement on the number of full time employees.

Outcome

Mr Lee and the property developer were successful in reaching an agreement.   We strategically structured mechanism into the transaction to achieve the overarching purposes of satisfying the migration requirements and protecting his commercial interests.

Upon our conduct of legal due diligence and comprehensive checks on the proposed investment and the property developer, Mr Lee was satisfied with the results.
Mr Lee also obtained approval and a more favorable agreement with the State for the proposed investment, as we were successful in negotiating with the State in reducing the number of employee from five (5) to two (2).  

The property project has since commenced.

About The Writer 

Kelvin Tang has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing migration advice to clients, advising on “Eligible Businesses” within the definition of the Migration Regulations, assisting migrants (investor of the business) with satisfying migration requirements, making visa applications and appealing cancelled or refused visas in the Federal Court of Australia, Administrative Appeals Tribunal and Migration Review Tribunal. Kelvin also has extensive experience in civil litigation, commercial and corporate law matters.
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