Does someone owe you money in Queensland? Are you seeking to enforce a payment in QLD? It is necessary to understand debt recovery and the procedures involved in enforcing payment to ensure you recover the money owed to you.
Various Queensland adjudication bodies and tribunals require registering their judgments and orders before parties can enforce them. In Queensland, the National Consumer Credit Protection Act (Cth) applies, which sets out responsible lending obligations and procedures to recover debts.
Letter of Demand
Before lodging your claim with a tribunal or adjudication body, a Letter of Demand is generally the first step taken. A Letter of Demand is a formal request that the debtor pays you an outstanding debt. This Letter of Demand, sent to the person who owes you money, should advise the amount due and request that he or she pay the outstanding amount within a reasonable time (for example, 14 days).
A carefully drafted Letter of Demand by a dispute resolution lawyer can be very useful in saving time and money. A Letter of Demand encourages debtors to not only pay their debts but also avoids the cost of the litigation process. If you run a business, we can assist you in drafting a Letter of Demand that you can reuse.
How to Enforce a Payment with QCAT
The Queensland Civil and Administrative Tribunal (QCAT) manages disputes in a relatively quick and inexpensive manner and is ideal for minor civil debt disputes. In addition to debt recovery, QCAT also handles residential tenancy terminations, domestic and commercial building disputes and all other monetary and non-monetary decisions. A LegalVision litigation lawyer can ensure you have the right paperwork to enforce the dispute order.
You are first required to have a certified copy of the tribunal order which QCAT must stamp to confirm it is a true copy, as well as an affidavit signed by you confirming that the amount is outstanding. There are no fees involved with filing the order and affidavit with the courts.
How to Enforce a Payment with the Queensland Magistrates Court
You can also enforce a payment through the Queensland Magistrates Court. After entering into a judgment to recover money, the enforcement creditor (i.e. the person owed money) can apply to issue an enforcement warrant. An enforcement warrant allows the creditor to recover the debt, either by seizing or selling property. Money can also be redirected to the enforcement debtor from a debtor’s salary. In Queensland, creditors can start court proceedings in the District Court for disputes up to $750 000, the Magistrates Court for disputes up to $150 000 or QCAT or claims up to $25,000.
If you need help responding to a summons, or if someone owes you a debt in which you wish to enforce through a Letter of Demand, we can assist. Our litigation lawyers are experienced in understanding debt enforcement actions in Queensland. Call us today on 1300 544 755 for a fixed-fee obligation free or contact us through the form on this page.