Debt Recovery Lawyer Gold Coast
Our highly trained debt recovery lawyers and support staff are here to assist creditors in debt recovery in Queensland and interstate in the quickest possible timeframe and to also assist debtors who need help disputing a debt or negotiating time to pay.
Our debt recovery lawyers provide a full service starting from issuing a letter of demand or responding to one setting out any dispute, commencing or defending court proceedings, enforcing judgments and negotiating payment arrangements.
Our lawyers also handle large volume debt recovery for debt collection and other organisations and can offer competitive pricing for this service.
Our debt recovery lawyers have a proven track record of recovering debts for banks, building societies, large government and private organisations, debt collection firms, small businesses and individuals. While our offices are located on the Gold Coast, we represent creditors and debtors in all geographical regions of Queensland and interstate.
QBM Lawyers – Experienced and professional debt recovery lawyers for Gold Coast and Queensland
Debt Recovery services for Creditors
If you are owed money, our debt recovery lawyers can assist to:
- Assess the basis of your claim, and the terms of any agreement which it is based on;
- Issue a letter of demand;
- If appropriate, negotiate terms of payment;
- If there is a dispute, advise as to the merits of the dispute;
- Advise as to different means of proceeding and the merits of proceeding through a court or by a tribunal;
- Prepare the documents for that action and (if the matter is in a court) appear on your behalf in those proceedings;
- Assist you in dispute resolution processes such as mediation or conciliation;
- Once you have a decision, act for you in the enforcement of that order and advise you as to alternate methods of doing so.
If the debt is owed by a company, we can if appropriate issue a Creditor’s Statutory Demand for Payment of Debt requiring payment within 21 days.
If you have received a letter of demand or a court proceeding claiming a debt, our debt recovery lawyers and litigation lawyers will:
- Assess whether the claim is soundly based, or whether you have a reasonable defence;
- Consider whether the claim is statute barred under the Limitations of Actions Act or has any other legal impediment;
- Advise as to the court process and costs;
- Where appropriate, prepare and file a defence or response;
- Act for you in the proceedings;
- If the matter is in a court, appear on your behalf in those proceedings;
- Assist you in dispute resolution processes such as mediation or conciliation, and other attempts to resolve the matter.
If the debt is owed by a company and you have received a Creditor’s Statutory Demand for Payment, our debt recovery lawyers and litigation lawyers can prepare an application to set it aside if a genuine dispute exists, however that application must be filed and served within 21 days of the service of the demand.
Frequently asked questions
Q. Can I recover my legal costs from the debtor?
A. Yes, if you have a written agreement with the debtor that includes a clause allowing for the recovery of debt collection costs. Even if you do not have such an agreement, you may be able to recover some of your legal costs if you are successful in a court claim against the debtor.
Q. What are the benefits of using a law firm for debt recovery and not a debt collection agency?
A. That depends on the law firm that is engaged and the way that they calculate their fees. Our estimate of costs is given to you up-front and there are no hidden costs. You also have immediate access to a range of highly experienced and qualified lawyers in many fields of law should your matter become more complex due to the actions of the Debtor or the terms of the transaction, and we can act for you in the court proceedings.
Q. Will I need to go to court for a debt?
A. If the matter proceeds in a court, in most cases the answer is no. We can prepare and file all Court documents for you and also appear in Court on your behalf at all applications and hearings. However, should your matter need to be determined at a Trial, you may need to attend Court to give evidence.
If however the matter proceeds in a tribunal such as QCAT, legal representation is only permitted in limited cases and it is almost certain that you will need to attend.
Q. I have received a Creditor’s Statutory Demand for my Company. What should I do?
A. It is critical that you take legal advice as soon as possible. If a demand has been properly served, the company has only 21 days after service to file and serve an application to the Supreme or Federal Court for an order setting it aside. In that application, it is necessary to provide affidavits swearing to all aspects of the dispute relating to the debt. Many companies miss this time limit and lose the opportunity to dispute the debt, and the creditor can then make an application to wind up the company which can be disastrous.