Please read our FAQ: What are the downsides to delaying 1️⃣ Informing the other side of my claim against them; or 2️⃣ Filing my claim with the Court?
We strongly recommend you obtain legal advice + assistance regarding:
✅ Determining whether the Debtor has the potential financial means to ultimately pay the debt + interest + legal costs should you be successful in your claim;
✅ If the Debtor is an individual, conducting a Bankruptcy Search;
✅ If the Debtor is a company, conducting a Bankruptcy Search;
✅ Determining whether the Debtor has been or is currently involved in other legal proceedings;
✅ The legal merits of your claim; and
✅ Ensuring you understand that it is extremely rare to recover your legal costs in litigation; and
✅ The inherent Litigation Risk of potential liability for the Debtor's legal costs in commencing legal proceedings in a Court, as opposed to a Tribunal;
✅ The cost + availability of litigation funding, +/or litigation insurance.
The requirements for valid + effective Service of a Filed Application or Statement of Claim vary depending on the relevant Court or Tribunal.
We strongly recommend you obtain legal advice + assistance regarding:
✅ The selection of the appropriate Court or Tribunal to bring suit; as well as
✅ The drafting of the required Application/Statement of Claim; and
✅ The compliant Service of same on the Debtor once legal proceedings have been filed.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.