You’ve got mail – and MUST open it!

Welcome to the beginning of the series on Law Stories.

These are my war stories, with lessons learned from the battlefield of the Courtroom.

My own practice began with a client (let’s call him John) who spurned his former lover. No – this wasn’t a case about a divorce or custody dispute; this was about how John lost millions of dollars in blue chip real estate because he didn’t open his mail. Crazy? Yes! Possible – well, it’s more likely than you would imagine.

John’s company received a Creditor’s Statutory Demand (Demand) at its registered office – where John lived with his former lover. The Demand was served by (let’s call them) Evil Debt Recovery for an alleged debt of about $100,000 owed by John’s Company. But – John didn’t know about the Demand, because it – and all John’s other mail, was destroyed upon receipt by his former lover (hell hath no fury like a woman scorned!). So, John couldn’t deal with the Demand until it was too late …

Tragically, John found out about the Demand only after the Court ordered that his company be wound up in insolvency (the Demand allowed it to be presumed to be unable to pay its debts as and when they fall due) and a liquidator appointed!

I started acting for John after his company had been in liquidation for a number of years – and had barely no assets left! It was tragic that the company was not brought out of liquidation immediately, and all that I could do was save the remaining crumbs of John’s life savings from the jaws of the insatiable liquidator whom, I suspected, relished burning John’s money.

The lesson learned from this battlefield - Always receive and open your mail (e.g. through a secure address accessed only by you) and, in the interim, remember the flowers for your significant other …

And remember, when all else fails (and even before it does), get the lawyer who revels in the fight to protect you and GET WEINBERG!

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