Debt Recovery2024-10-14T12:11:10+00:00

dEBT RECOVERY

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Debt recovery

Unpaid debts can severely disrupt business operations and financial stability. They can lead to cash flow issues, hinder business growth, and consume valuable time and resources that could be better spent on productive activities. Understanding these challenges, Axia Litigation Lawyers is dedicated to protecting and enhancing your financial position through expert debt recovery services. We recognize the strain that unresolved debts can place on your operations and are committed to providing effective solutions tailored to your needs.

At Axia Litigation Lawyers, we manage debt recovery processes with a keen understanding of relevant legislation, ensuring that our strategies are both efficient and compliant. From drafting formal letters of demand to initiating legal proceedings when necessary, we use all available remedies, including statutory demands and garnishee orders. Our focus is on restoring your financial stability and safeguarding against future issues.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Debt recovery

Unpaid debts can severely disrupt business operations and financial stability. They can lead to cash flow issues, hinder business growth, and consume valuable time and resources that could be better spent on productive activities. Understanding these challenges, Axia Litigation Lawyers is dedicated to protecting and enhancing your financial position through expert debt recovery services. We recognize the strain that unresolved debts can place on your operations and are committed to providing effective solutions tailored to your needs.

At Axia Litigation Lawyers, we manage debt recovery processes with a keen understanding of relevant legislation, ensuring that our strategies are both efficient and compliant. From drafting formal letters of demand to initiating legal proceedings when necessary, we use all available remedies, including statutory demands and garnishee orders. Our focus is on restoring your financial stability and safeguarding against future issues.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Debt Enforcement Solutions

Tailored strategies for effective debt collection and enforcement

Swift Legal Action

Prompt legal proceedings to expedite your debt recovery

Comprehensive Support

From initial advice to courtroom advocacy

Enforcement Action

Implement court orders to reclaim outstanding debts.

Every – Move – Matters

how Axia Can Help With Your Debt Recovery.

Axia Litigation Lawyers offers comprehensive services in the area of debt recovery, leveraging our extensive experience in commercial litigation to assist clients in recouping outstanding debts in a manner that is efficient and aligned with their business interests.

Our approach encompasses a strategic assessment of the debtor’s financial position and the viability of recovery actions. We provide tailored advice on the most appropriate course of action, which may include:

Prior to commencing any debt recovery action, we conduct a thorough case assessment and risk analysis to determine the likelihood of successful recovery and the potential costs involved. Including reviewing the debtor’s credit history, assets, and overall financial health, as well as any security interests or personal guarantees in place.

We draft and issue formal letters of demand to the debtor, setting out the details of the debt and the legal consequences of non-payment. This often prompts payment without the need for further legal action.

Where possible, we engage in negotiations to reach a mutually acceptable settlement, which might involve payment plans or lump-sum payments that are less than the full amount but represent a practical resolution.

For corporate debtors, we may issue a statutory demand under section 459E of the Corporations Act 2001 (Cth), which can be a precursor to winding up proceedings if the debt is not disputed and remains unpaid.

If necessary, we can initiate legal proceedings in the appropriate court or tribunal to obtain a judgment or order for the payment of the debt. We handle all aspects of the litigation process, from filing claims to representing clients at hearings.

Once a judgment is obtained, we can assist with various enforcement measures, such as writs for the levy of property, garnishee orders, or bankruptcy proceedings for individual debtors.

We can advise on and initiate insolvency proceedings where it is likely to be the most effective means of debt recovery, including applications for winding up in the case of corporate debtors or bankruptcy for individuals.

For debts that involve parties in different states or territories, we navigate the complexities of cross-jurisdictional legal processes to enforce our clients’ rights.

  • Case Assessment

  • Initial Demand Letters

  • Negotiations and Settlement

  • Statutory Demands

  • Legal Proceedings

  • Enforcement of Judgements

  • Insolvency Proceedings

  • Cross-Jurisdictional Debt Recovery

Case Assessment
Prior to commencing any debt recovery action, we conduct a thorough case assessment and risk analysis to determine the likelihood of successful recovery and the potential costs involved. Including reviewing the debtor's credit history, assets, and overall financial health, as well as any security interests or personal guarantees in place.
Initial Demand Letters
We draft and issue formal letters of demand to the debtor, setting out the details of the debt and the legal consequences of non-payment. This often prompts payment without the need for further legal action.
Negotiation and Settlement
Where possible, we engage in negotiations to reach a mutually acceptable settlement, which might involve payment plans or lump-sum payments that are less than the full amount but represent a practical resolution.
Statutory Demands
For corporate debtors, we may issue a statutory demand under section 459E of the Corporations Act 2001 (Cth), which can be a precursor to winding up proceedings if the debt is not disputed and remains unpaid.
Legal Proceedings
If necessary, we can initiate legal proceedings in the appropriate court or tribunal to obtain a judgment or order for the payment of the debt. We handle all aspects of the litigation process, from filing claims to representing clients at hearings.
Enforcement of Judgements
Once a judgment is obtained, we can assist with various enforcement measures, such as writs for the levy of property, garnishee orders, or bankruptcy proceedings for individual debtors.
Insolvency Proceedings
We can advise on and initiate insolvency proceedings where it is likely to be the most effective means of debt recovery, including applications for winding up in the case of corporate debtors or bankruptcy for individuals.
Cross-jurisdictional Debt Recovery
For debts that involve parties in different states or territories, we navigate the complexities of cross-jurisdictional legal processes to enforce our clients' rights.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

Debt Recovery Jurisdictions in Queensland

When commencing legal proceedings for debt recovery in Queensland, it is essential to file the claim with the appropriate court or tribunal, depending on the amount of the debt in question. Here is a breakdown of the different jurisdictions and their respective monetary limits:

QCAT can deal with minor civil disputes, including minor debt matters. The monetary limit for minor debt claims in QCAT is currently up to $25,000. QCAT is designed to be a more accessible, quicker, and less formal means of resolving smaller disputes without the need for legal representation.

The Magistrates Court has jurisdiction over civil matters where the amount in dispute is up to $150,000. This court is the first tier of the Queensland Courts system and is often used for most debt recovery matters due to its efficiency and lower costs compared to higher courts.

The District Court of Queensland deals with civil claims for debt recovery where the amount is between $150,000-$750,000. The District Court can handle more complex cases and has the authority to deal with a broad range of civil disputes, including those related to debt.

For debt recovery matters involving amounts over $750,000, the Supreme Court of Queensland is the appropriate jurisdiction. The Supreme Court handles the most serious and complex civil cases and can award the highest levels of damages.

When filing a claim, it is critical to consider not only the amount of the debt but also the costs associated with litigating in each jurisdiction. It is often advisable to seek a resolution through negotiation or alternative dispute resolution before commencing formal proceedings due to the costs and time involved in litigation.

Frequently Asked Questions About Debt Recovery

A letter of demand is a formal request for payment of an outstanding debt. It outlines the details of the debt, including the amount owed, the basis for the claim, and a specified deadline for payment. It is a critical first step in the debt recovery process as it provides the debtor with a clear opportunity to settle the debt before legal proceedings are considered.

In Queensland, the limitation period for recovering a debt is generally six years from the date the debt became due. It is essential to commence legal proceedings within this period, or you may lose your right to recover the debt.

Yes, you can charge interest on an outstanding debt if your contract or agreement with the debtor allows for it, or if a statute or regulation permits it. Interest rates should be specified in the agreement, and any statutory rates should comply with the applicable legislation.

For clients within the building and construction industry, it is important to note that under section 67P of the Queensland Building and Construction Commission Act 1991 (QBCC Act), a person carrying out construction work or supplying related goods and services under a contract is entitled to receive reasonable interest for late payment. The QBCC Act outlines the circumstances and the rate at which such interest can be charged.

To assist our clients in this sector, we offer a free 67P Calculator on our website. This tool can help you calculate the interest owed on your debt in accordance with the provisions of the QBCC Act, ensuring that you are fully informed of the recoverable amounts when pursuing late payments. We encourage you to utilise this calculator to facilitate the recovery of the interest due to you under your construction contracts.

The Queensland Civil and Administrative Tribunal (QCAT) can hear minor debt claims up to the value of $25,000. It provides a less formal and often quicker alternative to court proceedings for smaller debt recovery matters.

If the debtor disputes the debt, you may consider alternative dispute resolution methods such as mediation to resolve the disagreement. If a resolution cannot be reached, you may need to commence formal legal proceedings where the court will determine the validity of the debt.

If the debtor fails to pay the debt after a court judgment, you can take enforcement action. This may include issuing a garnishee order, obtaining a charging order against the debtor’s property, or instructing the sheriff to seize and sell the debtor’s assets.

In many cases, you can recover some or all your legal costs from the debtor if you are successful in your debt recovery action. The amount recoverable will depend on the court’s rules and any relevant scale of costs.

Bankruptcy proceedings apply to individuals and involve the appointment of a trustee to manage the debtor’s affairs. Insolvency proceedings, such as liquidation or administration, apply to companies and involve the appointment of a liquidator or administrator to manage the company’s affairs.

If a company owes you money, you may issue a statutory demand for payment under the Corporations Act 2001 (Cth). If the company fails to respond within 21 days, you may apply to the court to have the company wound up on the grounds of insolvency.

The decision to pursue a small debt will depend on various factors, including the likelihood of recovery, the cost of legal proceedings, and the debtor’s financial circumstances. Sometimes, the cost of recovery may outweigh the amount of the debt, so it’s essential to assess each situation on its merits.

Please note that the information provided in these FAQs is general in nature and should not be construed as legal advice. For specific legal advice tailored to individual circumstances, it is recommended to consult with our qualified legal professional.

Every – Move – Matters

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Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

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