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I would like to ask questions on debt collection by

I would like to...

I would like to ask questions on debt collection by Singapore company on a Australia company

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I have outstanding due from an Oz company which date way back to 2014, I did not realise it until 2017

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

Am liaising with the company at the moment, but they are refusing payment because we do not have PO for individual invoices

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

This was a long term contract and I did not keep track of the PO they issued on monthly basic when I issued them the invoices.

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Answered in 5 minutes by:

5/7/2018

Solicitor: John Melis, Lawyer replied 2 years ago

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 22,051

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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Hi, I’m John your solicitor today from Melbourne. I may ask you a few questions to narrow the issues you have raised.

what is the size of the debt ?

Customer reply replied 2 years ago

The amount is close to USD 80,000

Solicitor: John Melis, Lawyer replied 2 years ago

thank you, ***** ***** me a few minutes as I am drafting a reply for you.

Sorry to ask, but just to clarify, you are the Singaporean company ... correct ?

Customer reply replied 2 years ago

I realised the non pay payment and wrote to them sometime Sept last year and finally we reached an agreement that in Feb 2018 on the invoices not been paid
But the Finance dept refuse to pay the money citing no POSingapore and Hong Kong company at time of contract. We have closed down the SG company and is operating just the HK company

Solicitor: John Melis, Lawyer replied 2 years ago

would you like to request phone services as you are crossing different legal jurisdictions with the debt claim, and it is complex to write how to manage the same ?

Customer reply replied 2 years ago

I cant talk at the moment due to radiotherapy on my cancer tumor, I am having severe sore throat. My apologies

Solicitor: John Melis, Lawyer replied 2 years ago

Where a debt has been incurred by an Australian company, and you are the creditor seeking payment of that debt, what you need to do is file a debt claim in Singapore against the Australian company on the evidence that you hold; make sure you serve the Australian company.

Then once you have the debt claim orders by the court against the Australian company, you then needs to refile that court order in Australia in the Supreme Court, so you can then have the order served on the Australian company to pursue the debt against that company and the relevant costs that are associated.

The alternative to this matter, is to file the claim by the Singaporean company directly in Australian against the Australian company. This is the party I would recommend that you take. The debt claim will need to be filed in the Federal Court.

In regard to the Hong Kong company raising a claim this will be subject to who is /was the controlling entity of the Singapore company.

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

Customer reply replied 2 years ago

Is there any legislation in Oz that protects the vender?
Can I issue them "legal chaser" thru an Oz lawyer?I do have an initial contract, but I do not have the monthly PO issued by them and i have no signed timesheet as it was never a requirementThe outstanding invoices are the "in-between" contract period invoices, they had paid since year 2012 till the end of the contract in 2016. These outstanding invoices were for services in 2014 which was when the contract was running

Solicitor: John Melis, Lawyer replied 2 years ago

I recommend that you consider the second option I proposed above to file the claim in the Federal Court as this will be cleanest and easiest to pursue the funds.

Customer reply replied 2 years ago

I think this is a good idea, can you give me more info on this? Are you able to do it if we appoint you?Can we start with a legal chaser? What do you need for that to draft the legal letter as chaserI have arranged for a telephone call with the Finance Director next week. How should I handle him?

Solicitor: John Melis, Lawyer replied 2 years ago

you will need to engage a debt collection agency, and they will commence the process for you with the evidence that you hold.

Customer reply replied 2 years ago

I do not engage a lawyer first?Do you work with any debt collection agency?

Solicitor: John Melis, Lawyer replied 2 years ago

I am a lawyer, but I think as you are in HK you can use a cross border debt collection agency from HK to pursue the debt in Australia, it will be easier in the long term in managing the claim.

Customer reply replied 2 years ago

Is there an easier way where I just engage within Australia?I do understand you are a lawyer, do you work with any debt collection agency? I could engage the debt collection agency and yourself at the same time to pursue this matter

Solicitor: John Melis, Lawyer replied 2 years ago

Yes you can engage a debt collection agency in Australia.

The best one to act for you so Dun & Brad Street.

Customer reply replied 2 years ago

Should I pursue thru Australia debt collection agency and lawyer, should I still have the telecall with the Finance director on Monday?If I do, should I put him on notice?

Solicitor: John Melis, Lawyer replied 2 years ago

You should contact Dun & Brad Street.

They will do an excellent job in pursuit of the debt for you.

Customer reply replied 2 years ago

Noted with thanks

Solicitor: John Melis, Lawyer replied 2 years ago

you are most welcome

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 22,051

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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