Debt Recovery

Managing your business’ debts is crucial to the success of your enterprise. Forge Legal is experienced in providing advice and representation in debt recovery proceedings across a broad range of industries and professional settings. Our debt recovery team is well practiced in creating debt recovery plans that are timely, cost effective, strategic and solution focussed.

Whenever a debt recovery dispute arises you should obtain legal advice as soon as possible, noting that strict time limits can apply to the pursuit of claims. Getting this right can make the difference between resolving your matter quickly and easily or being required to commence formal proceedings against a debtor.

In most cases, it is advisable to seek to resolve any dispute or claim over any debt amount before formal proceedings are pursued.  Forge Legal can assist you in this respect by providing preliminary advice in relation to your legal rights and the pursuit of the debt owed, as well as by preparing appropriate legal correspondence, including letters of demand to be sent to debtors.

Unfortunately, not all debt recovery matters can be resolved without formal proceedings being commenced and pursuing a debtor through the Courts to recover outstanding monies. In Queensland, the jurisdiction of the applicable Court or Tribunal is determined having regard to issues such as the amount owed, the nature of the relief sought and where the contract was formed or completed. Forge Legal’s debt recovery team is experienced in conducting debt recovery litigation and can assist and guide you through this process. For over 30 years, our team have assisted local business, both large and small to prepare relevant court documentation and to advocate on your behalf before the Court.

Conversely, our team can reduce your business’ exposure to debt issues arising by reviewing your existing contracts and business processes. This will reduce the likelihood of ‘bad debtor’ issues arising, and strategically manoeuvre you into the best position for letters of demand and potential litigious action against debtors.

Debt Recovery – Letters of Demand and location services

Letters of demand are utilised to make final demand of a debtor to make payment and avoid formal legal proceedings. Well prepared letters of demand can assist in the recovery of outstanding monies, in and in certain instances avoid the commencement of formal court proceedings.

Forge Legal is experienced in assisting clients with their debt recovery needs, including the preparation of letters of demand, and where applicable to trace the location of debtors who are difficult to locate. Contact us today to develop and execute a debt recovery plan that will give you the best chances to recover rightful monies that are owed to your business.

Debt Recovery – QCAT minor debt disputes

The Queensland Civil and Administrative Tribunal (QCAT) is able to determine minor debt disputes, valued up to and including $25,000.00.

Examples of the types of debt disputes within QCAT’s jurisdiction can include:

  • Monies lent and not repaid;
  • Dishonoured cheques;
  • Unpaid invoices or accounts; and
  • Work done and/ or goods supplied.

Contact us today to discuss how we may assist you to recover rightful monies owed to your business. We can provide you with advice and assistance in relation to QCAT debt disputes, including providing you with advice, assisting you with the preparation and serving of relevant material, and in certain circumstances by appearing before QCAT (noting Legal Representation is not usually allowed).

Debt Recovery – Court Proceedings and enforcement actions

The structure of the civil court system in Queensland operates as such that debt recovery matters will generally be allocated to a particular court depending on the monetary value of debt in question. Our expert team will correctly identify the appropriate Court with which your matter will proceed, and assist where necessary with the preparation and filing of relevant court documents and advocating before the Courts on your behalf.

Where judgment is received in your favour, Forge Legal can also assist you in relation the enforcement or relevant Courts orders with a view to recovery of the debt owed, including, but not limited, to take steps as necessary or applicable to:

  • conduct an enforcement hearing;
  • Obtain an enforcement warrant for seizure and sale; or
  • Obtain an enforcement warrant for redirection of debts or earning.

Contact us today to discuss how we may assist you to commence and execute litigious action to recover monies that rightfully belong to your business.