our expertise

Debt Recovery

We will make sure that you understand the debt recovery process including preparing you to be appear at QCAT on your way to improve your chances of a favourable outcome. Alternatively, we will deploy the necessary resources to initiate proceedings through the Court system to recover the debt. 

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Debt Recovery Legal Services

Are you owed money?

A debt may arise for any number of reasons such as a contract for goods or services, unpaid rent, unpaid invoice or account, mortgage, car loan, personal loan, or credit card debt. The first step is to understand how the debt arose, the total debt owed, whether the goods or services, subject of the debt, were provided and a final date for payment. 

More often than not debt recovery is not the appropriate procedure for the person who is seeking payment. For instance, a contract may specify that certain requirements must be fulfilled before a sum of money is payable. In these situations, the person receiving the goods to services queries whether the contract has been performed either in whole or in part, or otherwise completed to the required standard of skill and care. In these circumstances,  debt recovery action may not be suitable rather, the creditor needs commence legal proceedings to recover the debt. 

understanding the debt recovery process

Letters of demand 

In Queensland, and similarly around the country, creditors are expected to send a letter of demand to the debtor prior to commencing proceedings in Court. A letter of demand must: 

  • Be addressed to the debtor and specify that it is a letter of demand. 
  • Refer to the relevant contract or agreement subject of the debt and detail the amount of the debt (including any part-payments). 
  • Include a deadline for payment. 
  • Provide a statement that, unless payment is made by the due date, the creditor will commence proceedings for the recovery of the sum without further notice in the appropriate Court or Tribunal. 

Commence debt recovery proceedings 

Assuming the letter of demand has been sent, and the debtor either chooses to ignore the demand or refuses to pay, the creditor may be forced to commence proceedings to recover the debt. In our experience, most creditors will ask us “how much will it cost?” and “how long will it take?” The answer to this question depends on the amount of the debt, where the debt arose (the jurisdiction) and the nature of the debt i.e., consumer-trader contract, unpaid residential rent or otherwise. 

The general position in Queensland is that any debts which are under $25,000.00 are referred to the Queensland Civil and Administrative Tribunal (QCAT). This class of debts are known as “minor debts”. Our litigation division are experienced with debt recovery matters that exceed $25,000.00 including those that are more complex.  

Our debt recovery services 

We are passionate about debt recovery. Our mission is to take the stress out of enforcing the debt recovery process as well as making you and your business profitable. Whether it is recovering a debt from an individual, or a business. we are here to assist you every step of the way including implementing strategies to minimise your outstanding accounts in the future. 

We understand that late payments from customers can have a devastating impact on the cash flow of a business. Our experienced debt recovery lawyer will tailor a commercially sensible and efficient strategy to resolve your debt dispute.  

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What our clients are saying….

Need help with debt recovery?

Book an appointment with our trusted and experienced debt recovery experts at our offices at Greenslopes, Brisbane. 

Book your free phone consultation