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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
An unpaid business invoice — preparing a recovery file
Link the invoice to the contract, delivery or service, acceptance and payment history. An invoice alone may not establish every disputed element of a recovery claim.
RecoveryA loan recall or demand notice
Keep the complete notice, facility documents and service record, and arrange a prompt assessment. A loan recall, SARFAESI demand and court summons can have…
RecoveryReading a loan account statement
Separate principal, interest, charges, credits and disputed entries over the relevant period. A closing balance should be traced to the contractual and transaction…
RecoverySecured and unsecured debt — identifying the documents
Identify what security was actually created and for whose debt. A loan being called secured does not by itself establish every enforcement right.
RecoveryA SARFAESI section 13(2) demand
Check statutory applicability, the secured debt, classification and complete demand promptly. Section 13(2) is a specific statutory notice, not merely an ordinary…
RecoveryRepresentations against a SARFAESI demand
Prepare a focused representation supported by the actual account and security record. An informal settlement request and a statutory objection are not necessarily…
RecoveryPossession measures under SARFAESI
Identify the measure actually taken and preserve the notice and date record. Symbolic possession, physical possession and a proposed sale can involve different…
RecoveryDRT applications challenging SARFAESI measures
Identify the challenged measure and relevant date promptly. The statutory application has conditions and a time framework that should be assessed from the actual…
RecoveryA secured-asset auction notice
Read the complete sale terms and statutory record before bidding or challenging. An auction advertisement alone does not provide a full title or procedural…
RecoveryA bank demand addressed to a guarantor
Read the guarantee and demand together with the underlying facility. A guarantor's liability cannot be assessed solely from being described as a director, relative…
RecoveryRelease of mortgage documents after repayment
Separate repayment, closure, security release and return of originals. A zero balance and completion of every property-record step are not necessarily the same…
RecoveryRecovery communications — preserving a conduct complaint
Keep a factual record of calls, messages, visits and the claimed agent's identity. A debt dispute and a complaint about collection conduct are separate issues.