Debt recovery

Recover money owed to you before the debt becomes unrecoverable.

You are owed money by someone who has had every reasonable opportunity to pay and has not. The invoices have been sent, the follow-up messages have been ignored, and the excuses have run out. The longer you leave it, the worse your position gets – debtors who are not challenged quickly learn that you will not act, and their financial position may be deteriorating while you wait. We take formal action to recover your debt quickly, at proportionate cost, and with a clear escalation path if the debtor still refuses to pay.

Debt recovery that moves quickly and proportionately

Unpaid debts do not improve with time. A debtor who is ignoring informal follow-up is unlikely to be persuaded by more of it. We take formal recovery action – letters of demand, proceedings, and enforcement – at a cost proportionate to the amount you are owed, and with an honest view on what is and is not worth pursuing.

What is the first step in recovering an unpaid debt?

The most effective first step in formal debt recovery is a letter of demand from a lawyer. This puts the debtor on notice of the legal basis for the debt, the amount claimed, and the consequences of non-payment. A letter from a lawyer carries significantly more weight than a follow-up from the creditor’s own accounts team, because it signals that the creditor has moved from informal follow-up to formal legal action. Many debtors pay in full or make a payment arrangement at this stage, without the need for proceedings.

Is debt recovery cost-effective for smaller amounts?

For smaller debts, the cost of legal proceedings can approach or exceed the amount being claimed, which makes formal recovery through the courts impractical. Most states and territories have small claims tribunals or online debt recovery portals that offer a lower-cost pathway for smaller amounts. For commercial debts above that threshold, the cost of a letter of demand is generally modest relative to the amount being claimed, and many debts are resolved at that stage. We advise you honestly on the most cost-effective approach based on the amount and the debtor’s known circumstances.

What enforcement options are available after I obtain a judgment?

Once a judgment is obtained, several enforcement tools are available depending on the debtor’s circumstances. Garnishment allows you to intercept funds owed to the debtor by a third party, including salary payments or funds held in a bank account. Charging orders can be placed over real property the debtor owns. If the debtor is a company, a statutory demand can be used to trigger winding-up proceedings if the debt is not paid within 21 days. For individuals, bankruptcy proceedings are available. The right enforcement mechanism depends on what assets the debtor holds.

How long do I have to recover a debt before my claim expires?

In most Australian states and territories, the limitation period for a simple contract debt is six years from when the debt fell due. After that time, the debt becomes statute-barred and you lose the right to sue for it. Partial payment or written acknowledgment of the debt by the debtor can restart the limitation clock in some circumstances. If you are approaching the six-year mark on an unpaid debt, taking action urgently is critical.
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Recover your debt with minimum cost and delay

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Put the debtor on formal notice

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Obtain a judgment and enforcement options

Ready to recover your debt?

Speak with one of our lawyers about taking formal action to recover what you are owed.

The longer you wait, the harder the debt is to recover.

You are owed money by a client who is ignoring your invoices and follow-up messages, and informal approaches have clearly failed. You need to take formal action, but you are not sure whether the cost of legal recovery is proportionate or what the process involves.
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Don't let your work go unrewarded.

You provided goods or services in good faith, on agreed terms, and the client has not paid. Your follow-up messages have been met with excuses, silence, or promises that have not been kept.

You are frustrated and out of pocket, and beginning to wonder whether it is worth pursuing – but the amount is significant enough that walking away feels wrong. In the back of your mind is the uncomfortable thought that if you do not act soon, their financial position may deteriorate to the point where there is nothing left to recover.

What's included in your debt recovery service

What happens when you leave a debt unpursued?

The longer a debt goes unpursued, the harder it becomes to recover. Debtors who are not challenged quickly learn that you will not act, and that lesson emboldens them with every passing week. Meanwhile, their financial position may be deteriorating – assets may be disposed of, a company may be approaching insolvency, or other creditors may be accumulating claims that will rank ahead of yours.

A debt that can be recovered today through a formal demand may require a court judgment in three months, and a judgment that cannot be enforced in six. Limitation periods also run against you – in most states, a debt claim becomes statute-barred six years from when it fell due, and if the debtor is a company approaching insolvency, delay can mean receiving nothing at all.

How we recover your debt

We issue a formal letter of demand that puts the debtor on notice in clear, unambiguous terms – the amount owed, the legal basis for the debt, and the consequences of non-payment.

The letter changes the dynamic: it signals that you are serious, that legal process will follow, and that the cost of continuing to ignore the debt is about to increase significantly. Many debtors pay at this stage. For those who do not, we commence proceedings, obtain a judgment, and pursue enforcement through garnishments, bank orders, and property charges until the debt is recovered.

Our debt recovery process

Three steps to recovering what you are owed.

1

Demand payment

We issue a formal letter of demand to the debtor setting out the amount owed, the basis for the debt, and the consequences of non-payment.

2

Pursue proceedings

If the demand is ignored, we commence court or tribunal proceedings on your behalf to obtain a judgment for the debt.

3

Enforce and recover

With a judgment in hand, we pursue enforcement action - including garnishment, asset seizure, and other recovery steps - until the debt is recovered.

Experienced debt recovery lawyers ready to get you paid.

We know how demoralising it is to be owed money by someone who simply chooses not to pay – especially when you delivered exactly what you were supposed to. Our lawyers have recovered debts for businesses across every industry and across the full range of amounts, and we will tell you honestly when pursuit is and is not worthwhile given the amount involved and what we know about the debtor’s likely position.
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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to recover your debt?

Book a call today and we will assess your debt, advise on your recovery options, and take action to get you paid.

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