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I am a Process / Building Consultant & Project Manager to…

I am a Process...

I am a Process / Building Consultant & Project Manager to the meat industry. I preformed a fee for service for a client over a 6 week period. Each option offered was with their consent. All invoices presented where broken down into date, description and time spent. 1st invoice paid in full, questioned the 2nd invoice and they decided it was to much and paid in part leaving a balance of $6K. I have emails and correspondence to support my claim. With the little information presented is the balance able to be retrieved legally? Will I require legal representation? if so estimate in cost? Thank You, Adrian

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: What steps have you taken so far?

Sent a email 14 days ago requesting the client to discuss or alternatively will b or will be seeking legal advise for collection

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 5 minutes by:
3/27/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,948
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning,

For the sum of $6000, it is not worth having legal representations would cost more than that for them to assist in the preparation of the application and then represent you in VCAT

As you can show they consented to you doing the work, it appears you have more than enough evidence to be able to represent yourself.

The following link sets out the process that you would follow in Victoria when suing in the small claims division.

https://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-vic/

I would suggest that you send them a letter of demand confirming the arrangement and that they consented to the work being done and that they are you the sum of $6000. Further advised that if the money is not paid within 14 days you will commence proceedings against them which will result in them having to also pay interest and court costs.

At the expiration of the 14 days if I do not pay then you can commence proceedings.

This is your best option.

If you were to use a solicitor the average fees between $330 and $440 per hour and at those rates you would spend more than is owed, and with the amount being under $10,000 any cost order would be minimal and not what you have spent.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,948
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks Leon,
Is there a template that best lays out "the letter of demand"
Customer reply replied 4 months ago
Thanks Leon, I will take it from here

Good Morning,

the following link has a Sample letter of command that you can use.

https://www.business.gov.au/info/plan-and-start/start-your-business/independent-contractors/letters-of-demand

If there is anything further I can assist you with please do not hesitate to contact me.

Regards,

Leon

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