Debt Recovery Lawyers Brisbane
Every unpaid invoice is money you have already earned. You did the work or supplied the goods, and someone else is holding your cash. Our debt recovery lawyers in Brisbane help businesses turn those overdue accounts back into money in the bank, without letting a bad debtor waste months of your time.
We act for suppliers, subcontractors, tradespeople, consultants and company directors across South East Queensland. Some clients come to us with a single stubborn invoice. Others hand us a whole ledger of aged debt they have given up chasing. Either way, the question is the same: what is the fastest, cheapest way to get paid?
That is the question we answer before we send a single letter. If a debt is not worth chasing, we will tell you early, so you are not throwing good money after bad.
When should you call a debt recovery lawyer?
Most people try to collect the debt themselves first. They send reminders, they call, they wait. That is fine for a while. The problem is that a debtor who has learned you will keep waiting has no reason to pay you ahead of the creditors who push harder.
A letter from a law firm changes that. It tells the debtor the polite phase is over, and that the next step costs them more than simply paying you. It is worth calling us when an invoice is well past its terms and the excuses have started repeating, when the debtor has gone quiet, when you suspect the business is in trouble and want to be at the front of the queue, or when the amount is too large to write off. The earlier you act, the more options you have. A debtor with money today may have none in three months.
How we recover your debt
Going to court is the last resort, not the first move. Most debts settle well before a judge is involved. We start with the cheapest step that will work and only escalate when we have to.
Letter of demand. A formal demand on our letterhead sets out what is owed, why, and what happens if it is not paid by a firm date. A large share of debts are paid within days, because the debtor finally believes there will be consequences.
Statutory demand, for a company debtor. If a company owes at least $4,000 and does not genuinely dispute it, a creditor’s statutory demand is one of the strongest tools you have. The company has 21 days to pay or apply to set it aside, or it is presumed insolvent under the Corporations Act 2001 (Cth). This is where debt recovery meets insolvency and restructuring, and our insolvency lawyers in Brisbane can carry it through to liquidation if needed.
Bankruptcy notice, for an individual debtor. For a person who owes a judgment debt, a bankruptcy notice does similar work. Failing to comply is an act of bankruptcy, which lets you petition to make them bankrupt. You can read more on our page about bankruptcy in Australia.
Court proceedings and judgment. If the debt is ignored or disputed, we issue in the right forum. In Queensland the Magistrates Court handles claims up to $150,000, the District Court up to $750,000, and the Supreme Court above that. Smaller matters can run through the Queensland Civil and Administrative Tribunal.
Enforcing the judgment. A judgment on paper does not pay your bills. We enforce it through a garnishee over wages or bank accounts, an enforcement warrant through the Queensland courts to seize and sell property, or the insolvency route above.
Recovering payments on construction projects
Construction debts run on their own rules, and those rules favour the party who is owed money. Under Queensland’s security of payment laws, a contractor or subcontractor can serve a payment claim and, if it is not paid or properly scheduled, take it to adjudication. Adjudication is faster and cheaper than court, and an adjudicated amount can be enforced like a judgment.
If you are chasing money on a building project, this is usually the first route to consider. Our building and construction lawyers can prepare a payment claim and run the QBCC adjudication process for you, often within weeks rather than months.
Disputed debts, interest and costs
A genuine dispute changes everything. A statutory demand is the wrong tool for a debt that is truly in dispute, and using it can see the demand set aside with costs against you. So we first work out whether the dispute is real or just a stalling tactic dressed up as one. If it is manufactured, we call it out. If part of the debt is genuinely contested, we recover the part that is not and deal with the balance separately.
Chasing a debt need not mean losing money on lawyers. Well drafted terms of trade let you charge interest on overdue accounts and recover your collection costs from the debtor. Even without them, a court can order interest and a contribution to your legal costs. We build those claims in from the start, so the debtor, not you, carries the cost of their own default as far as the law allows.
Preventing the next bad debt
The cheapest debt to recover is the one you never had to chase. A few simple protections do the work: clear terms of trade, a personal guarantee from the people behind the company, and a retention of title clause over goods you supply, backed by a registration on the Personal Property Securities Register. Together they can turn an unsecured debt into one you can actually get back if the customer fails. We can review your credit documents or draft a set that does the heavy lifting for you.
Why businesses choose Brunet Law
Debt recovery is about picking the right pressure point for each debtor and knowing when to escalate. A demand that works on a solvent company is wasted on one about to fold, where speed and the insolvency rules matter more. Because we practise across debt recovery, insolvency and construction, we read each debtor with an eye on what comes next, whether they pay, dispute, or go under. We are also straight about cost, and will give you an honest view of whether a debt is worth pursuing. If a director is worried about their own exposure, we also advise on a director’s penalty notice.
We are based in Brisbane and act for clients throughout South East Queensland, including the Sunshine Coast, the Gold Coast, Ipswich, Logan and the Moreton Bay region. Debt recovery rarely needs you in our office, so we run most matters by phone, email and video. Wherever your debtor is in Australia, we can chase them.
Frequently asked questions
How much does debt recovery cost?
A letter of demand is a low, fixed cost. After that, it depends on whether the debt is disputed and how far the matter has to go. We give you an estimate before each step, so you can always weigh the cost against the amount owed. In many cases you can recover part of your costs and interest from the debtor.
How long does it take to recover a debt?
Many debts are paid within days of a formal letter of demand. A statutory demand runs on a 21 day clock. If the matter has to go to court, it takes longer, which is exactly why we exhaust the faster options first.
Is there a minimum debt worth chasing?
There is no legal minimum, but there is a commercial one. For very small debts, a letter of demand is often the sensible limit. For a company debt, the statutory demand process needs at least $4,000. We will tell you honestly if a debt is too small to pursue through the courts.
What if the debtor has no money or is going broke?
This is where acting early matters most. If a company or individual is heading for insolvency, the rules about who gets paid, and who has to hand money back, become critical. We move quickly to protect your position and, where needed, bring in our insolvency team.
Can you recover a debt from another state?
Yes. A judgment obtained in Queensland can be enforced against debtors elsewhere in Australia, and we regularly pursue interstate debtors. The starting point is the same: a clear demand, then the right enforcement route for where the debtor and their assets are.
Contact us
If money is owed to your business, the sooner you act the more you are likely to recover. Send us the invoice and a short history of what has happened, and our debt recovery lawyers in Brisbane will tell you the fastest realistic path to payment.