How we can help
We can contact your debtor on your behalf if you have already tried contacting your debtor about the money owed with no success. In some cases, a letter from your lawyer simply shows your debtor you’re considering legal action to recover the money, which can prompt them to contact you and make repayments.
If not, having documented proof of attempts to contact the debtor can be useful if you want to take your debt recovery issues to court.
Debt Recovery Through Courts
By filing a ‘statement of claim’ Godfreys Law can start your debt recovery process through the court system.Your statement of claim tells the court how much you are owed, and the circumstances around why you are owed the money.
If the debt is less than $15,000 and if it is disputed, then we can file your claim with the Disputes Tribunal. Debts between $15,000 to $20,000 can also go to the Disputes Tribunal if both sides agree to it. We can provide advice and assistance on representing yourself at the Disputes tribunal to help you get a good outcome.
Debt Recovery Through Bankruptcy
Godfreys Law can also file your statement of claim with the Christchurch High Court along with a creditor’s petition for bankruptcy. We’ll prepare all the paperwork and represent you in court.
If you are owed more than $1000 and it seems there is no way your debtor can pay you back, Godfreys Law can ask the court to make them bankrupt.
If that application is approved, the Official Assignee would try to collect the outstanding debt from the debtor's unsecured assets.
In most cases you only have six years to recover a debt, starting as soon as the money is owed. Otherwise, the time limit starts from when your debtor acknowledges the debt or makes a partial payment.