Our

Debt Recovery

Expertise

Our litigation team has a wealth of experience acting for clients to recover and defend actions for outstanding debts.  We offer assistance at all stages of the debt recovery process. 

 

We have worked with a number of debt recovery agencies and know the options, processes, and strategies for enforcing or defending actions in debt recovery inside and out. Work that we regularly carry out includes:

  • Providing legal advice on options for pursuing a debt;

  • Letters of demand;

  • Statutory demands;

  • Obtaining judgment through standard and summary judgment proceedings brought in the District Court and High Court;

  • Bankruptcy and liquidation proceedings;

  • Enforcing judgments including, financial assessment hearings, charging orders, sale orders;

  • Advice on international enforcement of judgments and overseas debtors;

  • Mortgagee sales;

  • Negotiating settlements;

  • Advice to collection agencies and lenders on recovery of assigned and purchased debt; and

  • Assisting with applications brought in the Disputes Tribunal.

 

We also assist councils throughout the country in proceedings for the recovery of unpaid rates.  We can assist in obtaining judgment, through to forced sales under the Local Government (Rating) Act 2002

 

Recent work:

  • Assisting charitable trustees recover debt owed under national service contract

  • Acting on New Zealand’s leading cases on assigned debt Southern Receivables Ltd v Arambasic [2013] NZHC 2157 and Meroiti v SRL [2017] NZHC 2637

  • Assisting a local and regional authority in recovering over $200k of rates owing on rural property;

Initial Contacts

Sam Cowan

Property - Senior Associate

+64 3 339 5630

sam.cowan@cavell.co.nz

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Level 3, BNZ Centre
111 Cashel Mall
Christchurch 8011

PO Box 799
Christchurch 8140

Telephone: +64 3 379 9940

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