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The traps and pitfalls of Debt Recovery by a self represented litigant in the NSW Courts

Author: Francis Egan

A common problem arising from the technological revolution and the deregulation of certain parts of the legal profession by the Government is the false impression given by both that the individual can seek recovery of money on their own through the court system. It seems the independence so highly sought after amongst both Generation X and Y finds individuals trying their hand at the legal process usually to their detriment.

From our experience, individuals not well versed in the law and its processes seek the help of Registry clerks in the courts which is generally not the best option.  Although Registry clerks work in the Registry all day everyday and tend to such documentation, it seems in a lot of cases their knowledge and understanding of such documents and the processes attached are limited and can detrimentally affect the parties to litigation.

Statistics show that self represented litigants are increasingly doing the wrong thing. Not only does this make more work and eventually add to costs for the individual but clogs up the Registries and their relevant case management systems where seemingly delay is the end result. Without the help of legal representatives, individuals are filing the wrong documents, providing invalid, irrelevant and inadmissible information, are omitting important information and overall lack the understanding of processes attached to such documents.

Clients have sought our help in bankruptcy and company winding up matters to recover monies owed to them where they have unsuccessfully litigated in the Local Court. One such client was hindered from personally bankrupting a judgment debtor purely because they omitted to name the judgment debtor personally on the Statement of Claim and subsequent process documents.

Recovering debt is a very important process and hiring a lawyer results in a far better outcome as opposed to going it alone. Lawyers have the ability to extrapolate the relevant information, file the correct process, reply within the required times, negotiate with the other side and attend court on a client's behalf. Take heed, lawyers know the processes and know the courts better than anyone else. Ultimately, self represented litigants are dealing themselves out of the game by narrowing their options or failing to obtain judgment when a professional would have succeeded.

Why trust yourself to the vagaries of the court system when you have little or no understanding of what you are doing. Lawyers are equipped through ongoing education, training and experience to properly represent clients. Doing it yourself is dealing yourself into the legal lottery with little real chance of obtaining the desired outcome. Yes, it costs money to retain a lawyer but so does everything else. So for competent, professional legal advice and representation call LAC Lawyers for assistance.

Sydney Solicitors