Legal Options

Once you lodge a debt with TCS we initially make contact with the person or business that owes you money. This first call is important because it sets the tone of further discussions and negotiations. The approach we take in making this call is a consultative one. We take the time to understand what has occurred and allow the customer (debtor) to explain their situation. Often this results in a payment plan or a way forward that suit both parties. Sometimes, for a variety of reasons, we may need to seek a legal remedy to the situation. There are a variety of legal options available for us to utilise, depending on the circumstances. Here are some common types legal action we take in the course of our duties;

Claim - Commonly known as a ‘Summons’, this is notice to your customer that you intend to pursue them legally for the debt they have not paid. Your customer has the right to lodge a defence if they don’t believe the debt is owed.

Default Judgment - In the absence of a defence, the court accepts that the debt is owed and that enforcement action can now be taken to recover the amount due.

Warrant of Execution - The court appoints a Bailiff who will visit your customer (now called a defendant) and will attempt to ascertain if they own any goods that can be taken and sold to clear or reduce your debt.

Garnishee - If a defendant is employed, a Garnishee can be served on the employer and an amount will be deducted from their salary each week, fortnight or month. If the Defendant works on a contract basis, then a Contract Garnishee can be an option and any money owed can be deducted from payments to the defendant.

Judgment Summons - The debtor (defendant) is required to appear in front of a magistrate and explain how they intend to pay the debt.

We have many years of experience in dealing with the recovery of debt. Taking legal action is something we deal with on a regular basis and we have a large volume of work we put through the Tasmanian court system, utilising in house and external legal teams. TCS clients are the largest user of Court’s services for debt and utilises the Court appointed Assistant Bailiffs. Our daily attendance at the court ensures rapid servicing and avoids the lengthy delays and jurisdiction issues that arise when a Tasmanian debt is commenced in another state.

?At TCS we can help you retrieve your money from your debtors and manage the situation professionally allowing you to preserve your relationships and get on with the job at hand.

We recognise that every business and every case is different. We invite you to contact us directly for a confidential and obligation free chat about the best was to approach your specific needs.

With over 140 years’ experience in debt collection and credit management in the Tasmanian marketplace, we have the right people, tools, and knowledge to make a difference to your bottom line. Get your debts under control quickly and easily by engaging our services.

Call - 03 6213 -5555 Email?[email protected]?or?Connect?at?www.tascol.com.au/contact-us/