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Debt Recovery

We are experienced in providing advice and representation in debt recovery proceedings across a broad range of industries.

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Debt Recovery - Why you need a business lawyer

Financial Assets

Helping you create a debt recovery plan

Managing your business’ debts is crucial to the success of your enterprise. We are experienced in creating debt recovery plans that are timely, cost effective, strategic and solution focussed to give you the best chance of recovering rightful money that is owed to you and your business.

Timely Legal Services

Providing advice and representation

We can provide expert advice and representation in debt recovery proceedings across a broad range of industries and professional settings. Our advice covers your legal rights and the pursuit of debt owed as well as preparing appropriate legal correspondence such as letters of demand to be sent to debtors.

Dispute Resolution

Assisting you in making debt recovery claims

Whenever a debt recovery dispute arises, you should seek legal advice as soon as possible. Getting this right can make all the difference between resolving your matter quickly and easily or being required to commence formal proceedings against a debtor.

Helping you prepare letters of demand

Letters of demand make final demands to an individual owing debt, asking them to make payment to avoid legal proceedings. We can assist you with your debt recovery needs, including the preparation of letters of demand, and where applicable tracing the location of debtors who are difficult to locate.

Frequently asked questions

In Australia, the statute of limitation for a simple contract debt is six years. The only exception is the Northern Territory where the statute of limitation is three years. The statute of limitations is not a time limit for collecting the debts, it is instead a deadline for filing claims with the court.
Debtors are individuals, countries or organisations that owe money.
Letters of demand are utilised to make final demands of a debtor to make payment and avoiding any formal legal proceedings. Well prepared letters of demand can assist in the recovery of outstanding money and in certain instances avoid the commencement of court proceedings.
The Queensland Civil and Administrative Tribunal (QCAT) is able to determine minor debt disputes, valued up to and including $25,000. Examples of the types of debt disputes within QCAT’s jurisdiction include:

- Money lent and not repaid;
- Dishonoured cheques;
- Unpaid invoices or accounts; and
- Work done and / or goods supplied.
The structure of the civil court system in Queensland operates such that debt recovery matters will generally be allocated to a particular court depending on the monetary value of the dept in question. You should seek legal advice regarding the enforcement of relevant court orders to recover the debt owed.
There are multiple circumstances that will determine how long it will take to collect a debt. These include:

- The debtor’s cash flow and financial position;
- The debtor’s willingness to pay their debts;
- The complexity of the debt dispute;
-The quality of your credit documentation; and
- Any existence of Personal Guarantees.

Utilising a debt collection agency will reduce the time it takes to recover the debt and reduce the chance of a bad debt arising.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of business law

Forge Legal’s business lawyers are specialists in all areas of business law and can assist you with all business law matters.

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