Sometimes the only way to collect on a debt is through legal action. We can assist you with all aspects of debt collection and enforcement including:
- winding up of companies
- seizure of goods
- sale of debtor’s real estate and
- registration of caveats and warrants on debtor’s real estate.
We can also assist you to ensure that not only are your debts recovered as successfully as possible, but also to establish your systems and contracts effectively to best protect you against any bad debtors should they occur.
Where money is owed, there are several options for recovery.
If the debt is $25,000 or less, you may commence proceedings by way of an Application for Minor Civil Debt in the Queensland Civil and Administrative Tribunal (QCAT). Legal representation is not usually allowed in QCAT proceedings although McCarthy Durie Lawyers can assist you in preparing, filing, serving and advising you throughout the proceedings. Legal costs are not usually recoverable, however the successful party will be able to recover the filing fee and interest.
If, however the debt is in excess of $25,000, proceedings may be commenced in the Magistrates Court (if the debt is $150,000 or less), the District Court (if the debt is $750,000 or less), or the Supreme Court (if the debt exceeds $750,000). Costs in Court proceedings will vary depending on the complexity of the matter, whether the other party defends the claim or whether proceedings settle prior to trial.
If you need advice on the most effective and efficient way to recover money owing to you, McCarthy Durie Lawyers can provide comprehensive advice on all debt recovery options.
Click here to view our Debt Recovery team.