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You thought for once you could be the nice guy and loan a friend some money. Months later, you give him a call to remind him of his debt to you and he asks, “what money?”
He’s not going to give you the money he owes, so what do you do?
There is always a factor of trust in loaning money, service, or products to another person or business. Trust breaks when the person defaults on his loans and you can no longer collect your debt. Ideally, this is when you would call one of our debt recovery lawyers.
It’s always good to engage a Singapore debt recovery lawyer for early advice and assistance. Time is of the essence in debt recovery cases. Having a lawyer stand by you is vital in ensuring all of your rights are upheld and that you have a fair chance of rightfully being repaid. Debt recovery can be tricky, but our experienced and talented team of debt recovery lawyers at I.R.B. Law will always give honest advice in guiding you through your legal proceedings.
Experience in Debt Recovery Law
Specialists in Debt Recovery
Outstanding Record of Success in recovering your debt
Personalised Care and Attention
Usually there is a time frame in which someone has to repay a loan. Even if you have a legally binding IOU, you must start repaying the debt within six years from the issuance date stated on the IOU. If there is no repayment date stated, the six-year time limit will start from the date when the cause of action began.
If the debt owed to you is more than $10,000, you will need to file a civil claim with a Court of Law. This course entails the normal civil litigation process. In the event that the debt owed to you is less than $10,000, you can file a claim with the Small Claims Tribunal instead. Regardless, of how much the person owes you, legal action would require legal expertise and we at I.R.B Law will ensure that you will recover as much as possible from your debtor.
To pursue legal debt recovery, you must do two things:
1. Know your debtor and
2. File a claim in Court.
Step 1: Know thy enemy
Some questions you should ask when learning about your debtor are the following:
Does the debtor owe you more than $10,000? (if so, bankruptcy proceedings are
Does the person have any money? Does the person have a job?
If your debtor is a company, who are the directors of the company?
What is the status of finances of the company? Does the company generate
Do you have a personal guarantee from the company?
Step 2: Take Charge
If you are unable to recover or negotiate a payment, you and your lawyer should get a court judgement on the matter. The legal process only ends when the debtor honors the judgement and repays the money. Otherwise, the lender may have to pursue his claim through other legal avenues such as a Writ of Seizure and Sale, Garnishee Proceedings, Winding-Up Proceedings, or even Bankruptcy Proceedings. In our experience in legal debt recovery, you should be open to a revised payment plan.
This way, the debtor will be better able to repay the debt in full. In most cases, the existing payment plan will be modified so that the monthly payment will be less than previously promised. This simply means that the full sum will be recovered at a later date.
I.R.B. Law values client satisfaction above all, which is why we offers personal services such as tailoring strategies that suit your needs for the best possible outcome to recovering your debt. In the case of debt recovery, our skilled lawyers can profile your debtor to determine your chances of getting your money back. In determining the best outcome for our clients, we will also advise on the economic viability of your legal proceeding.
Letter of Demand (LOD)?
Our services at I.R.B Law will first include a sending of a Letter of Demand to your debtor. A Letter of Demand is a written note that states a list of demands for the recipient to do. It is usually sent to warn the recipient of the claimant’s intention to commence legal action if the recipient does not pay the debt. A Letter of Demand usually includes the following information:
1. The identity of the claimant
2. The identity of the lawyer and law firm acting for the claimant and their contact
3. The matter in dispute and the material facts
4. The claims against the recipient of the LOD
5. The claimant’s list of demands, which may require the recipient to satisfy the sum
owed to the claimant and his legal fees
6. A deadline before which the recipient must satisfy the demands, failing which legal action may be taken.
Such LOD’s may potentially save you monetary costs by avoiding litigation if the recipient accedes to the demands on the LOD. Furthermore, a LOD can be used as evidence in Court as proof of a claimant’s attempt to settle the matter.
Filing a Suit at the Small Claims Tribunal
Our lawyers at I.R.B Law will also assist you in obtaining an order of tribunal from the Small Claims Tribunal if the dispute does not involve anything of value greater than $10 000. The Small Claims Tribunal will order monetary payments to be made by the debtor. If they are unable to pay, then you will have to take up separate enforcement proceedings against them. In the event that the debt owed exceeds $10, 000, the matter will become a civil claim. A writ of summon will be sent out to the debtor to appear in court. Leave the trouble of handling intricate paperwork to us and we will do our utmost to recover the money that is rightfully yours.
Enforcement of the Judgement:
There are different options for enforcing your court judgement and each will have its own process. Most will end up enforcing by Writ of Seizure and Sale. A Writ of Seizure and Sale means a Court can seize and sell movable property possessions to the debtor to pay the judgement debt.
I.R.B. Law is recognised as a team of leading Singapore debt recovery lawyers with a track record of success in resolving debt disputes. Our lawyers have over a century of combined experience as litigators and are ready to assist you with your quest to recover your debt.
We firmly believe that terms and trust should be honoured. Should you be in a position where you may need our help, please do not hesitate to contact us at Hello@irblaw.com.sg or call at 6298 2537.