Best Debt & Collection Lawyers in Kowloon

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Littlewoods, Solicitors

Littlewoods, Solicitors

Kowloon, Hong Kong

Founded in 1997
10 people in their team
Chinese
English
Brian Littlewood was born in Newbury, England and has  lived in Hong Kong for many years. He was awarded degrees in law by University of Wales Institute of Science and Technology and by University College London.Brian is admitted as a solicitor in Hong Kong as well as in England and Wales. He...
Cho Mei Ting & Co.

Cho Mei Ting & Co.

Kowloon, Hong Kong

Founded in 2010
10 people in their team
Chinese
English
About us   Cho Mei Ting & Co. is an energetic law firm. We offer a wide range of services and our areas of practice cover conveyancing and real property, landlord and tenant, matrimonial proceedings, probate, civil litigation, immigration, trademark application, civil celebrant...
Wing Hang Lawyers

Wing Hang Lawyers

Kowloon, Hong Kong

Founded in 2000
10 people in their team
Chinese
English
ABOUT USRemember what we work for.Eternal Law Firm has a wide range of business areas and is committed to providing high-quality legal services to different types and groups of clients, and can also tailor-made annual legal counsel plans for individuals or companies. ABOUT USRemember what we...
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About Debt & Collection Law in Kowloon, Hong Kong

Debt and collection in Kowloon, Hong Kong involves crucial regulations designed to protect both creditors and debtors. Governed by several pieces of legislation, including the Limitation Ordinance, Bankruptcy Ordinance, and Money Lenders Ordinance, the system hovers around a fair and justifiable balance in securing the rights of concerned parties. This area of law sees frequent transactions relating to credit debts, personal loans, mortgages, and more.

Why You May Need a Lawyer

Having legal representation is often crucial for debt-related matters. A lawyer can guide you through the complexities of Kowloon’s legal framework, negotiate on your behalf, handle court proceedings if needed, or guide you through possible insolvency options. Similarly, in situations where you, as a lender, need to recover debts, having a lawyer can provide much-needed help in ensuring proper and legal conduct of debt collection, preventing potential violations that could lead to legal liabilities.

Local Laws Overview

The primary legal property concerning debt & collection in Hong Kong is the Limitation Ordinance, dictating a six-year limitation period for debt recovery. Post this period, the creditor loses legal entitlement to pursue the debt. The Bankruptcy Ordinance deals with issues of bankruptcy and insolvency, and has provisions for reorganization, liquidation and debt relief. The Money Lenders Ordinance regulates the activities of money lenders, including the requirement for money lenders to have a license and constraints on interest rates.

Frequently Asked Questions

What is the legal process for debt collection in Kowloon, Hong Kong?

Usually, the process begins with a demand letter issued by the creditor to the debtor. Should the debtor fail to respond, the creditor can initiate legal proceedings. If a judgment is obtained and the debtor still does not pay, several enforcement methods can be utilized including a writ of execution or charging order. Bankruptcy proceedings may also be option if the debt is above a certain threshold.

What is the limitation period for debt collection in Hong Kong?

The Limitation Ordinance in Hong Kong stipulates a six-year limitation period for the recovery of debt. This means that legal action for the recovery of the debt must be commenced within six years from the date when the debt arose.

What happens if a debtor declares bankruptcy?

In case of a debtor's bankruptcy, an automatic stay on all legal proceedings against them is placed. Then, the Official Receiver – or a trustee - takes over the bankrupt's assets and affairs, discharging unsecured debts after distribution among the creditors. Certain restrictions apply to the bankrupt, including prohibitions on obtaining credit and restrictions on business activities.

Can Interest be collected on overdue debt?

Interest can generally be collected on overdue debt, provided that such terms were agreed upon in a contract or stipulated in the judgment debt. However, there are restrictions on the rate of interest that can be charged as determined by the Money Lenders Ordinance.

What rights does a debtor have?

A debtor has the right to be treated fairly and respectfully, not to be harrassed, and to privacy. Debt collectors cannot engage in deceptive or abusive practices. Debtors also have the right to dispute a debt and to receive an accurate statement of their debt.

Additional Resources

The Office of the Privacy Commissioner for Personal Data Hong Kong offers guidance on the treatment of personal information during debt collection. The Hong Kong Judiciary's website provides useful information on how to handle legal disputes. The Companies Registry maintains comprehensive records that are useful for conducting checks on companies. Local community legal centres and Citizen's Advice Bureaus also offer useful legal guidance.

Next Steps

If you are involved in a debt & collection situation and require legal assistance, document all your case accordingly and consider consulting a local lawyer who specializes in this field. They can provide tailored advice based on your situation and help navigate the legal landscape. Court proceedings can be a daunting endeavor; professional counsel will make the process more understandable and manageable.

Lawzana helps you find the best lawyers and law firms in Kowloon through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Debt & Collection, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Kowloon, Hong Kong—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.