Debt Recovery

Working for yourself can be a great way to earn a living. However, sometimes despite your best efforts debtors just don’t pay.

Debtors can put a serious strain on you cash flow not to mention be the source of a great deal of personal stress. Debtors may even impact on your own ability to pay your creditors. Our experienced lawyers can assist with problem debtors through negotiation and, if necessary, court proceedings.

Reviewing business credit control methods

If you are owed money or are having difficulty managing your own creditors, we can work with you to implement strategies to get your finances in order. We regularly work with businesses to help them collect monies owed to them with the aim of getting them back to a positive cash flow situation.

Debt disputes often arise because of failures in the initial client engagement process. Proactive advice can help to minimise future problems. In addition to assisting with recovering current debts we are also experienced in advising on terms of trade and working with accounts teams to implement strategies for future debt recovery that are both legally correct and cost effective.

Will I have to commence legal proceedings?

Recovering a debt does not always mean you have to start legal proceedings.

While our lawyers are very experienced commercial litigators and are able to commence proceedings for recovery on your behalf, we are often able to advise clients on a range of alternative strategies that are faster and less expensive than formal litigation.

Some alternatives we can discuss with you are:

• Making contact with the individual or organisation that owes you money and opening the lines of communication with a view to getting the debt paid without resorting to formal litigation;
• Conducting negotiations with the debtor on your behalf;
• Mediation or arbitration; and
• Making a claim in the Queensland Civil and Administrative Tribunal (QCAT).

Multiple legal options for recovering a debt

Unfortunately, sometimes despite everyone’s best efforts it may be necessary to commence formal legal proceedings.

In the case of hard to collect debts we are able to advise and assist you with all aspects of debt recovery including:

• Advising on debtor location and skip tracing assistance;
• Pre-litigation negotiations in dispute resolution;
• Commencing proceedings in the most appropriate Court for the matter which may be the Magistrates Court, District Court or Supreme Court depending on the size of the debt;
• Drafting effective Deeds of Release and enforcement documentation;
• Obtaining and enforcing judgments by selection of the most effective solutions including enforcement warrants, instalment orders, garnishee orders, bankruptcy or liquidation; and
• Considering the possible use of injunctions or other urgent court orders.

From preparing a letter of demand and, if needed, conducting litigation and enforcing a judgment obtained on your behalf, our experienced commercial lawyers will carefully advise and guide you through each stage of the procedure.

After discussing your particular circumstances, we will work with you and advise you on a carefully considered course of action developed to deliver a cost effective result.

Please feel free to contact us by phone or email to discuss your problem. We are here to help and look forward to assisting you.

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