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This letter should be your FINAL contact prior to legal action
If you have any questions PLEASE contact
Sharyn McCaskey – your debt collection specialist
MDVS Business Services
95292828 or 0408 863331
PLACE YOUR LETTERHEAD HERE…
Customer
Address 1
Address 2
Dear
INTENTION TO SUE and PROCEED AGAINST YOU
We refer to previous invoices/communication where we have endeavored to recover our outstanding funds and advise we still have not received any payment or reason for the delay.
This is your last chance. Please understand this is not the action we wish to take but you have ignored all avenues of arranging payment to this date. We would like to give you a final opportunity to make payment. We hope you settle this matter forthwith.
Failure to do so will leave us no alternative but to pursue this matter through the Magistrates Court of Western Australia.. To avoid this we demand a payment within 48 hours delivered to our address, failure to make a payment for the full amount will result in the following:
A Magistrates Summons will be issued against you.
- Upon Judgment this can default your National Credit File for 5 years and will have you listed as a credit risk, which can severely hinder your future chances of obtaining finance.
- All court fees will be added to the account already owing
- The charges are
- Filing Fee $76.00
- Bailiff/Claimant Service Fee $45.50 (plus traveling fee $1.15 per km
- We are also able to claim interest under Section 42 of the Supreme Court Act
- After Judgment we can claim further recovery action and your costs will continue to escalate till the debt and all the costs are PAID IN FULL.
Upon Judgment we the plaintiff, have the following options available to us to recover the Judgment Debt:-
A: Ask the Court for a Property (Seizure and Sale) Order – This is an order you obtain to seize and sell as much of the judgments debtors real or personal property as necessary to satisfy the judgment t debt. This can also include real estate in the judgment debtor’s name.
B: Or we can request a MEANS INQUIRY – an arrangement to pay off the debt in installments.
C: If we proceed to a Means Inquiry and the Judgment Debtor still does not pay, then we can apply for an Earnings Appropriation Form. This is an order requiring an employer who pays a salary to the Judgment Debtor to then pay a portion of those earning to the Plaintiff, which in this case will be us.
We look forward to your response and hope to resolve this issue prior to us taking this action, the next step we take is up to you, we hope to hear from you today.
Yours faithfully
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