Unpaid debts can seriously affect your cash flow and day-to-day operations, especially for small to medium businesses in Queensland. Whether you’re chasing overdue invoices or dealing with clients who won’t pay, understanding your legal options for debt recovery is crucial. This guide explores debt recovery solutions tailored for Queensland businesses, detailing the process, preventive measures, and how legal support can help you reclaim what’s owed.
Bennett Carroll Solicitors can assist businesses QLD-wide, you don’t even need to step foot in an office; we can assist via phone, video, in our offices, or we can come to your business. Contact our lawyers today.
Why Debt Recovery Matters
Unpaid debts don’t just reduce profits — they can delay your plans, block investments, and even threaten your business’s survival. Australian SMEs lose billions each year due to unpaid invoices. For Queensland businesses, having a solid debt recovery plan is essential to reduce these risks.
Common Causes of Debt Issues
- Poor Credit Checks: Extending credit without checking the client’s ability to pay.
- Disputed Invoices: Clients may challenge the amount or validity of invoices.
- Economic Downturns: Financial difficulties during recessions or industry slowdowns.
- Lack of Written Agreements: Verbal deals can cause misunderstandings and disputes.
Debt Recovery Options in Queensland
1. Negotiation and Settlement
Often, the best first step is to negotiate directly with the debtor. It’s cost-effective and helps preserve business relationships.
Tips:
- Send polite reminders before taking further action.
- Consider payment plans or discounts for prompt payment.
- Keep written records of all communications.
2. Letter of Demand
If negotiations stall, send a formal Letter of Demand. This letter:
- States the amount owed.
- Sets a payment deadline (usually 14 days).
- Warns of possible legal action if unpaid.
A clear, professional letter often motivates prompt payment.
3. Legal Action in Queensland Courts
If the debt remains unpaid, you can pursue legal action based on the debt size:
- QCAT (Small Claims Tribunal): For debts under $25,000 — a simple, low-cost option.
- Magistrates Court: For debts from $25,001 to $150,000.
- District or Supreme Court: For debts over $150,000.
Process:
- File a Statement of Claim detailing the debt.
- Serve the claim on the debtor (registered post or process server).
- If no response within 28 days, apply for default judgment.
4. Enforcement Actions
Once you have a judgment, you can enforce payment through:
- Writ of Execution: Seizing and selling debtor’s assets.
- Garnishee Orders: Redirecting funds from debtor’s bank or wages.
- Bankruptcy Proceedings: For debts over $10,000 against individual debtors.
Preventive Measures for Managing Debt
- Perform Credit Checks: Use credit reports or trade references before extending credit.
- Use Clear Contracts: Document payment terms and late-payment consequences.
- Follow Up Regularly: Automate invoice reminders with software like Xero or MYOB.
- Register Security Interests: Protect assets under the Personal Property Securities Act 2009 (Cth).
Example: A Brisbane supplier registered a security interest on leased machinery, allowing repossession after client defaulted — avoiding court delays.
How Bennett Carroll Solicitors Can Help
At Bennett Carroll Solicitors, we specialise in helping Queensland businesses recover debts with tailored legal support:
✅ Drafting effective Letters of Demand that encourage payment.
✅ Representing clients in QCAT and courts for debt claims.
✅ Advising and acting on enforcement options like garnishee orders or asset seizure.
Whether your claim is small or complex, we work to resolve it quickly and cost-effectively.
Case Example: Successful Debt Recovery
A Gold Coast construction company was owed $50,000 by a subcontractor disputing charges over alleged defects. After negotiations failed, our firm filed a Magistrates Court claim and secured judgment within three months, recovering 90% of the debt plus costs.
Final Thoughts
Debt recovery doesn’t have to be stressful or slow if you act early and get expert advice. Whether you’re pursuing overdue payments or disputed invoices, understanding your options helps you reclaim what you’re owed while protecting your business. At Bennett Carroll Solicitors, we provide tailored debt recovery solutions for Queensland businesses, including Brisbane, Gold Coast, Sunshine Coast, and other South East Queensland offices, and we can assist QLD-wide without the need to visit an office.
Contact our commercial law team today to discuss your debt recovery options, or reach out via our Contact Us page to arrange a consultation by phone, video, or in person. Protect your cash flow and secure what you’re owed with expert legal guidance.
Other Useful Resources:
Demystifying Debt Recovery Proceedings in Queensland: A Comprehensive Guide
