We are serious about resolving your debt.

Legal services

Our legal team provides you with professional advice on the feasibility of legal action and insight into the expected outcome.

Our Legal Collection services include:

  • Advice on possible legal action and the expected outcome.
  • Access to our legal networks including: in house and external lawyers, knowledge and expertise.
  • Legal collection activities (bailiff, court action and enforcement measures).
  • Accompanying you throughout the legal proceedings.
  • Cost effective action due to preferential rates pre-negotiated with legal practices as well as internal expertise to assess risk/reward early in the process.
  • Granularity to all costs from the beginning to end.

Making claims against domestic and bankruptcies

If your customer goes bankrupt before they have paid for your goods or services, you could be able to minimise your losses through the bankruptcy process.

  • Our Insolvency Services can provide you with:
  • Guidance and support through the various claims processes
  • Swift action – when a company goes into liquidation, it is important to place your claim quickly to increase the chance of settlement
  • Making a claim – we will make a claim on your behalf, monitor progress and provide you up ongoing reports

It starts with a Notice of Proceeding (NOP). These are documents that we draft, have signed by our solicitor and filed by the court to serve on your defaulting customer. An NOP must be served personally on the defaulting customer or it can be served on any person at a company’s registered place of business, or on a director at their personal address.

After serving an NOP your customer has 25 days to respond by filing a statement of defence. If they don’t, we can help you have the judgment sealed by the court. We then have 90 days to proceed with judgment after the NOP has been served.
If your customer initiates consistent payments further legal action may not be needed. If they don’t, more steps can be taken to resolve the debt.

We have the team and expertise to help you choose an appropriate enforcement action. There are a variety of enforcement options available.

If the employer details are known an attachment order can be put against the customer’s wages, or at WINZ if the customer is on a benefit. To invoke an attachment order, an application form is required to be completed by our legal team and filed in court.

This can be applied for through the Court. A FAH is where a customer is summonsed to court for the purposes of having his/her financial situation examined. At this hearing the Registrar will make an order for the customer to pay a specified amount of money at a specified frequency, e.g. $50 per week. We recommend this option for cases where the income status of the customer is unknown. The summons must be served personally on your customer and this is done in one of two ways, either by one of Account Collections’ field agents or by a court bailiff.

This is registered on the title of the customer’s property; and can prevent the property from being sold without payment of the debt that the charging order represents.

This is where Account Collections apply to the court to seize assets for the purposes of selling them to offset against the amount owed. The goods are seized by a court bailiff and proof of ownership is a requirement.

A client can apply to have a customer made bankrupt. Once bankrupt, the Official Assignee (O/A) manages a customer’s finances. Bankruptees cannot be a director of a company, nor obtain goods on credit without the express permission of the O/A.

Are issued to wind up a company. Generally this course of action is only taken where it is believed that a company has assets that can be sold to settle any outstanding debts.

Field Services

Face-to-face with your customers
In some cases defaulting customers are unable to be contacted by phone with messages, letters and emails being ignored. The most appropriate option here is a personal visit from a Field Agent. We have a network of experienced agents covering New Zealand. These professional specialists are integral to the debt collection process.

Discovering more information
Visits by our Agents can result in the discovery or confirmation of the customer, property ownership and contact information such as work number, address, and email address are updated.

Making claims against domestic and bankruptcies
If your customer goes bankrupt before they have paid for your goods or services, you could be able to minimise your losses through the bankruptcy process.

Our Insolvency Services can provide you with:

  • Guidance and support through the various claims processes
  • Swift action – when a company goes into liquidation, it is important to place your claim quickly to increase the chance of settlement
  • Making a claim – we will make a claim on your behalf, monitor progress and provide you up ongoing reports

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Commerce Commission Repossession Guidelines here.

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Serving documents and auditing
All our Agents are authorised by the court to serve legal documents and they are also experienced in stock audits. This involves sighting stock, collecting data such as serial and model numbers and if necessary, taking photographic evidence.

Give one of our friendly team a call today on 0800 724 366 or simply fill out our enquiry form and we will answer any questions you have about legal services.