Debt Recovery Lawyers in Qld
Our debt recovery lawyers are adept in business-related and debt-related disputes, enforcement of money orders, and insolvency. We diligently strive to recover your outstanding debts.
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Debt recovery Lawyers in queensland
Why Stonegate Legal To Recover Your Debts?
Stonegate Legal are an experienced team of debt recovery lawyers in Queensland, who provide the highest quality legal advice and representation. We understand that debt disputes can be complex, so we work closely with our clients to ensure their rights are protected.
Our team has a proven track record of success in debt dispute cases, and we strive to ensure our clients get the best outcome possible. We will guide you through all stages of the process, from filing court documents to negotiating with creditors. With Stonegate Legal, you can rest assured that your rights will be protected and your debts will be managed in a timely and effective manner.
Don’t Let unpaid debts Ruin Your Business or your life!
Watch the Video to Understand How Debt Recovery is Explained.
Debt recovery is the legal process of enforcing payment of money lawfully owed. It arises where a debtor has failed to pay an agreed sum under a contract, invoice, loan, guarantee, or judgment. Debt recovery is not simply about sending reminders. It involves strict procedural steps, jurisdictional thresholds, evidentiary requirements, and enforcement mechanisms. Errors in process can delay recovery, increase costs, or render enforcement ineffective. We advise creditors on the most effective legal pathway to recover money owed, based on the size of the debt, the debtor’s solvency, and the available enforcement options.
Debt is recovered by following these steps:
1. Sending the debtor an official letter of demand foreshadowing legal action.
This involves preparing and issuing a formal letter to the debtor setting out the amount owed, the basis of the debt, and a payment deadline. The letter clearly states that if the debt is not paid by the specified date, legal proceedings will be commenced. It signals seriousness, often encouraging prompt payment without litigation, and helps demonstrate you’ve taken reasonable pre-court steps to recover the debt.
2. Starting proceedings in the Court with jurisdiction.
If the debtor fails to pay following the letter of demand, the next step is to commence court proceedings. You must choose the correct court with monetary jurisdiction for the amount claimed (e.g., Queensland Magistrates Court, District Court, or Supreme Court, depending on the size of the debt) and file the appropriate initiating documents to commence the lawsuit.
3. Filing and serving a claim and statement of claim.
This step involves lodging a formal claim with the court that outlines the details of the debt (who owes what and why). The statement of claim must then be served on the debtor so they are officially notified of the legal action and given an opportunity to respond. Timely and effective service is essential to advance the matter.
4. Getting judgment.
Once proceedings are underway, if the debtor does not dispute the debt or fails to respond appropriately, you may apply for a default judgment. A judgment is a court order legally confirming that the debtor owes the amount claimed. If the debtor disputes the claim, the court may require further evidence or a hearing before granting judgment.
5. Enforcement of that judgment in the Court
After obtaining a judgment, the next step is enforcement. A judgment alone doesn’t force payment; you must take enforcement action. This can include applying for an enforcement warrant enforcement officer can seize and sell assets to satisfy the debt.
Discuss With Trusted Debt Recovery Lawyers
Our debt recovery lawyers understand the importance of successful debt collection and are committed to providing clients with the most effective and efficient debt recovery strategies. We offer a free initial consultation to assess your case, discuss your options, and provide an overview of the services we can offer.
Debt recovery in Queensland is a complex process that requires careful consideration and strict adherence to the relevant legislation. Depending on the type of debt and the circumstances of the debtor, different courts in Queensland have different monetary jurisdictions.
This means that debtors must be aware of the different monetary limits for each court before initiating a debt recovery action.
- QCAT – Small Claims Up To $25,000.
- Magistrates Court –
Claims Up To $150,000 . - District Court – Claims Up To $750,000
- Supreme Court – over $750,000
This is where our debt recovery lawyers can help!
trusted debt recovery lawyers in queensland
Make Informed Decisions with Stonegate Legal
Extensive Experience & Legal Knowledge
Our debt recovery lawyers bring deep, hands-on experience across commercial and consumer debt matters, from early recovery strategy through to judgment enforcement and insolvency proceedings.
We understand the procedural rules, evidentiary requirements, and commercial pressures that shape outcomes in debt recovery. That experience allows us to give clear, practical advice about when to escalate, which recovery pathway is most effective, and how to balance cost, speed, and recoverability.
Respectful & Professional Service
Debt recovery is often sensitive and time-critical. We act firmly but professionally, protecting your commercial position while preserving reputational and relationship considerations wherever possible.
Our approach is measured, ethical, and compliant, ensuring correspondence, negotiations, and court processes are conducted with authority and respect. Clients can expect prompt communication, realistic advice, and a disciplined process designed to resolve matters efficiently without unnecessary escalation.
Tailored Debt Recovery Solutions
No two debts — or debtors — are the same. We assess each matter on its merits, considering the size of the debt, the debtor’s financial position, the strength of the evidence, jurisdictional issues, and enforcement prospects.
From targeted letters of demand and negotiated repayment arrangements to litigation, statutory demands, bankruptcy, or winding-up applications, we tailor a strategy aligned to your objectives.
This bespoke approach maximises recovery prospects while controlling risk, cost, and time.
Transparent Fees – Clarity from the Start
Learn the basics of debt collection law, including how to obtain a judgment and to enforce that judgment against the debtor.
This video breaks it down with simple examples for better understanding.
Professional Debt Collectors
We provide debt collection services to help businesses recover outstanding debts. Therefore, our team of experienced debt recovery specialists understand the challenges businesses face when dealing with unpaid accounts. With our extensive training, we can quickly and efficiently collect an overdue debt and bad debts, using a combination of advanced technology and proven techniques. Our priority is to ensure that we maintain ethical and respectful approaches when dealing with creditors, to ensure positive relationships are maintained.
We have expertise in both personal and commercial debt recovery, and we have helped companies of all sizes to resolve their overdue debts. We understand the importance of timely debt recovery and work tirelessly to ensure that our clients' needs are met. Our team is equipped to handle legal proceedings if necessary, and we have a strong track record of success in this area.
How Our Debt Collectors Can Help You
While we are not a debt collection agency, we are proud of the success we have achieved for our clients needing our debt collection services. Our team has a thorough understanding of Australian debt collection legislation, allowing us to work efficiently and effectively in recovering debts for businesses in all Australian major cities such as Brisbane, Sydney, and Melbourne, and regional area such as the Sunshine Coast.
We also prioritise excellent communication with both our clients and debtors, ensuring a smooth and positive experience for all parties involved. Our business debt recovery services are reliable and we provide a no collection, no commission policy, so you can trust us to get the job done with the information provided. Get in touch with us today to find out how we can help you recover your outstanding debts.Statutory Demands and Bankruptcy
Statutory Demands (Companies)
For corporate debtors, we issue creditor’s statutory demands under the Corporations Act 2001 (Cth). Failure to comply within the statutory timeframe creates a presumption of insolvency and grounds for winding-up proceedings.
Bankruptcy Notices (Individuals)
For individual debtors, we issue bankruptcy notices based on judgment debts. Non-compliance allows bankruptcy proceedings to be commenced.
These mechanisms are powerful tools that often prompt immediate payment due to their serious consequences.
Bankruptcy and Winding-Up Applications
Where judgment enforcement and formal demands fail to secure payment, insolvency proceedings become the final and most decisive enforcement mechanism available to a creditor. These processes are not undertaken lightly, but they are often highly effective where a debtor is unwilling — rather than unable — to comply.
Bankruptcy Proceedings Against Individuals
Where an individual debtor fails to comply with a bankruptcy notice issued following judgment, we commence bankruptcy proceedings in the Federal Circuit and Family Court of Australia. Bankruptcy has serious and immediate consequences for an individual, including the loss of control over assets, restrictions on income and business activities, and long-term credit and reputational impacts.
Because of those consequences, the threat or commencement of bankruptcy proceedings frequently prompts payment or commercial resolution, even at a late stage. Where bankruptcy does proceed, it ensures that the debtor’s assets are brought under the control of a trustee for the benefit of creditors, preventing further asset dissipation.
Winding-Up Proceedings Against Companies
For corporate debtors, failure to comply with a statutory demand provides grounds to commence winding-up proceedings in the Federal Court of Australia. A winding-up application seeks orders that the company be placed into liquidation on the basis of insolvency.
Winding-up proceedings apply extreme pressure to company directors. Once commenced, they carry the risk of loss of control of the business, investigation of company affairs, and potential personal exposure for directors in certain circumstances. As a result, many companies move quickly to resolve the debt once proceedings are filed.
Commercial Debt Recovery
Commercial debt recovery requires more than technical compliance with procedure. It demands an understanding of how businesses operate, where leverage genuinely sits, and which enforcement steps will actually result in payment rather than wasted cost.
Stonegate Legal regularly acts for businesses across Queensland in the recovery of a wide range of commercial debts, including:
- Unpaid trade invoices, where goods or services have been supplied and payment has not been made in accordance with agreed terms
- Construction and subcontractor debts, including unpaid progress claims, final claims, variations, and contractual entitlements arising from building and infrastructure projects
- Professional fees, including outstanding legal, accounting, consulting, engineering, and advisory fees
- Loan and guarantee debts, involving personal guarantees, inter-company loans, shareholder loans, and private lending arrangements
- Shareholder and partnership debts, including repayment of capital, loans, or distributions arising from business breakdowns or exits
- Judgment debts, where liability has already been established but the debtor refuses to comply with court orders
Each category of debt presents different risks, defences, and enforcement considerations. We assess enforceability, evidence strength, debtor solvency, asset exposure, and jurisdiction at the outset to determine the most commercially effective recovery pathway.
Our focus is not theoretical recovery or procedural box-ticking. It is on whether the debt can realistically be converted into money, how quickly that can occur, and at what cost. Where recovery is viable, we pursue it decisively. Where risks exist, we advise on them candidly.
Debt Recovery for Small Businesses
For small and medium enterprises, unpaid debts are not an accounting issue — they are a cash flow threat. Delayed payment can restrict growth, strain operations, and force business owners to absorb losses that should never have occurred.
We assist small business owners to recover debts quickly, cost-effectively, and with minimal disruption to their day-to-day operations. Our advice is practical and commercially grounded, recognising that legal spend must remain proportionate to the size and recoverability of the debt.
Where appropriate, we implement staged escalation strategies, which may include:
- Early formal demands designed to prompt payment without litigation
- Negotiated repayment arrangements with enforceable terms
- Targeted court proceedings where liability is clear
- Strategic escalation to judgment enforcement or insolvency processes if non-compliance continues
This graduated approach allows pressure to be applied incrementally, controlling cost while increasing leverage. Where preserving a commercial relationship is viable, we take that into account. Where it is not, we focus on decisive enforcement.
At every stage, our objective is the same: to protect cash flow, minimise wasted effort, and maximise the prospect of real recovery.
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Our Debt Recovery Process in Queensland
Initial Debt Recovery Consultation
We begin with a detailed initial consultation to assess the nature of the debt, the strength of the evidence, limitation periods, and the debtor’s likely financial position. This allows us to determine whether the debt is legally enforceable, which court has jurisdiction, and what recovery pathways are realistically available.
At this stage, we provide clear advice on prospects of recovery, proportionality of legal costs, and the most effective strategy moving forward.
Formal Letter of Demand
Where appropriate, we prepare and issue a formal letter of demand to the debtor. This document clearly identifies the legal basis of the debt, the amount owed, and a strict deadline for payment, while foreshadowing court proceedings and enforcement action if the debt is not resolved.
A properly drafted demand often prompts payment or negotiation, avoiding the need for litigation.
Pre-Litigation Negotiation and Resolution
If the debtor engages, we manage negotiations with a focus on enforceable outcomes. This may include negotiated payment arrangements, lump-sum settlements, or structured repayment plans supported by appropriate legal protections.
Our objective at this stage is to resolve the matter efficiently without compromising your legal position or enforcement rights.
Commencing Court Proceedings
If the debt remains unpaid, we commence proceedings in the appropriate Queensland court, typically the Magistrates Court, District Court, or Supreme Court depending on the value and nature of the claim.
We prepare and file the claim and statement of claim, ensure proper service, manage procedural requirements, and progress the matter toward judgment with a clear focus on enforceability.
Obtaining Judgment
Where the debt is undefended or successfully proven, we obtain judgment in your favour. Judgment legally confirms the debt and enables the use of compulsory enforcement mechanisms against the debtor.
If the claim is defended, we manage the litigation process strategically, ensuring evidence and submissions are directed toward a commercially meaningful outcome.
Judgment Enforcement
Once judgment is obtained, we advise on and implement the most effective enforcement options based on the debtor’s assets and conduct. This may include enforcement warrants, redirection of debts, enforcement hearings, or charging orders over property.
The aim is not merely to hold a judgment, but to convert it into payment.
Statutory Demands and Bankruptcy Notices
Where appropriate, we escalate enforcement by issuing statutory demands against companies or bankruptcy notices against individuals. These steps apply significant pressure by exposing the debtor to insolvency consequences if the debt is not paid within the prescribed timeframe.
Bankruptcy and Winding-Up Proceedings
If all other enforcement steps fail, we commence bankruptcy proceedings against individuals in the Federal Circuit and Family Court of Australia, or winding-up proceedings against companies in the Federal Court of Australia.
These proceedings are enforcement tools of last resort, but they are often highly effective where debtors remain non-compliant and seek to delay or avoid payment.
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At our Stonegate Legal, client satisfaction is our top priority. We are proud to have served hundreds of clients who have had positive experiences working with us.
debt recovery law firm qld
Common Defences and Issues Raised in Debt Recovery Matters
Dispute as to the Existence of the Debt
The debtor may deny that any debt is owed at all, often alleging that no contract was formed, that terms were never agreed, or that the invoice does not reflect the parties’ agreement. This defence requires close analysis of contractual documents, correspondence, and conduct.
Dispute as to the Amount Claimed
A debtor may accept some liability but dispute the quantum of the debt. This commonly arises where there are allegations of overcharging, incorrect invoicing, disputed variations, set-offs, or partial payments not acknowledged.
Defective Performance
Debtors often allege that goods or services were defective, incomplete, or not provided in accordance with the contract. In construction and professional services matters, this defence is frequently raised to justify non-payment, even where the alleged defects are minor or unrelated to the debt claimed.
Set-Off or Counterclaim
A debtor may assert a right of set-off or bring a counterclaim, alleging that the creditor owes them money arising out of the same or a related transaction. While not always a complete defence, this can complicate recovery and affect jurisdiction, procedure, and enforcement timing.
Arrangement or Variation
Debtors sometimes claim that a payment plan, extension of time, or variation was agreed after the debt arose. These arguments often turn on whether the alleged arrangement was legally binding and supported by evidence.
Limitation Period Defences
A debtor may argue that the debt is statute-barred because proceedings were not commenced within the applicable limitation period. This defence can be decisive if not identified early and properly addressed.
Insolvency or Financial Hardship
While insolvency does not of itself extinguish a debt, debtors may assert an inability to pay as a practical defence. This is particularly relevant when considering enforcement options, statutory demands, bankruptcy notices, or winding-up proceedings.
Procedural and Service Defects
Debtors may challenge the validity of proceedings on procedural grounds, including improper service, jurisdictional errors, or non-compliance with pre-action requirements. These issues can delay recovery if not managed carefully.
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Our Team
Meet Our Debt Recovery Team
Legal Practice Director / Principal Solicitor
Wayne Davis
Wayne Davis is the principal solicitor and legal practice director of the firm and leads the litigation team. Wayne has an LLB, and GDLP and is admitted to the Supreme Court of Queensland and the High Court of Australia. Wayne is a debt recovery, litigation, and insolvency professional.
Wayne is dedicated to achieving the best possible outcomes, whether through strategic negotiation, alternative dispute resolution, or courtroom advocacy.
Wayne understands that every case is unique and takes a proactive approach to ensure your rights and interests are protected at every stage of the process.
Education & Certifications
LLB – Bachelor of Laws
Personal Quote
Don’t believe everything you think.
Areas of Interest
Building and Construction, Civil/Personal Litigation, Commercial Lease Disputes, Commercial Litigation, Corporations Disputes, Debt Recovery/Collection. Defamation Litigation, Insolvency Law, Statutory Demands, Tax Debt Disputes, Wills/Estate Litigation
Solicitor
Laylah Toovey
Laylah completed her Bachelor of Laws with Honours at the University of the Sunshine Coast in 2024, completed her Graduate Diploma of Legal Practice in 2025, and was admitted to the Supreme Court of Queensland as a legal practitioner in July 2025. Laylah has worked with Stonegate Legal since 2021, and within this time, has acquired a broad range of knowledge and experience across a diverse range of matters.
Laylah’s approach is centred on understanding your unique circumstances, protecting your interests, and advocating for the best possible outcome. Whether you’re facing commercial disputes, debt disputes, contract issues, or other contentious matters, Laylah and the team are here to guide you every step of the way.
Education & Certifications
Building and Construction, Civil/Personal Litigation, Commercial Litigation, Debt Recovery/Collection, Insolvency Law, Statutory Demands,Wills/Estate Litigation
Senior Paralegal
Stacey Harvey
Stacey has been a part of the team at Stonegate Legal since 2022 but has worked in the industry for over 20 years, having extensive knowledge of the legal processes in Australia and specializing in debt recovery claims, default judgments, enforcement action, and bankruptcy.
Stacey spent a large portion of her career as a senior paralegal responsible for the performance and management of a team of paralegals and an administration department for many years.
During the first 18 years, she worked for one of Brisbane’s largest debt collection companies, where she managed large portfolios of debt for councils, schools, government departments, and insurance companies, along with debt purchased from various banks, utilities, and other credit providers.
Education & Certifications
Justice of the Peace, Certificate III in Office Business Administration
Personal Quote
Stay positive, work hard, make it happen.
Areas of Interest
Commercial Lease Disputes, Commercial Litigation, Debt Recovery/Collection, Insolvency Law, Statutory Demands,Tax Debt Disputes
Debt Recovery Frequently Asked Questions
Debt recovery lawyers assist clients to legally recover outstanding debts through court action or QCAT where necessary. They provide advice on the best recovery strategy, prepare legal documents, manage litigation, and help enforce judgments. Their focus is on converting owed amounts into actual payment rather than just correspondence.
A debt recovery lawyer assesses your claim, issues demand letters, files court or QCAT proceedings, and pursues enforcement of judgments. They handle drafting, filing, serving, strategic negotiation, and legal representation to maximise the chances of payment.
The first step in debt recovery is sending the debtor an official letter of demand foreshadowing legal action. This demand sets out the debt, the amount owed, and a deadline for payment, often prompting resolution without litigation.
Yes. Debt recovery lawyers can commence proceedings in the appropriate Queensland court to recover unpaid debts. If the debtor does not pay, they assist in obtaining judgment and pursuing enforcement through legal processes.
Debt recovery claims in Queensland may be filed in QCAT (for debts up to $25,000), Magistrates Court (up to $150,000), District Court (up to $750,000), or Supreme Court (over $750,000), depending on the amount of debt and circumstances.
If the debtor ignores the letter of demand, debt recovery lawyers can start court proceedings, file a claim and statement of claim, and seek judgment. Judgment enables enforcement action such as enforcement warrants or insolvency steps.
Once judgment is obtained, debt recovery lawyers can pursue enforcement through enforcement warrants, statutory demands, bankruptcy notices, or insolvency proceedings to compel payment from the debtor.
An enforcement warrant is a court-issued order allowing a sheriff to seize and sell a debtor’s assets when they fail to pay a judgment debt. It is a key enforcement tool used after judgment is obtained.If the review accuses you of criminal behaviour, unethical conduct, or dishonesty (without proof), it may be considered defamatory. Even reviews that don’t name you directly can be defamatory if readers can clearly identify you or your business.
A statutory demand formally requires a corporate debtor to pay an amount owing. If ignored within the statutory period, it can lead to insolvency proceedings and, ultimately, winding-up applications.
Yes. Debt recovery lawyers assist individuals, businesses, and corporations to recover owed amounts through legal action, enforcement of judgments, and insolvency mechanisms where appropriate to the facts and jurisdiction.
Debt recovery timelines vary based on debtor cooperation, dispute complexity, and court processes. If the matter proceeds to judgment and enforcement, it can be lengthy, highlighting the importance of early legal intervention.
Debt recovery lawyers are qualified legal practitioners who can start legal proceedings, enforce court judgments, and provide enforceable legal solutions. Debt collectors cannot commence court action and usually must refer those matters to lawyers.
Stonegate Legal is a law firm specialising in debt recovery with personalised legal advice and representation. The team handles negotiations, court proceedings, debt enforcement, and insolvency options, offering a comprehensive recovery strategy beyond collection services.
Yes. Debt recovery lawyers can pursue insolvency enforcement options including bankruptcy for individuals or winding-up applications for companies when other enforcement methods have failed and the debtor remains non-compliant.
If you are owed money and previous efforts have failed, contact a qualified debt recovery lawyer. They can assess your case, explain options, and guide you through demand letters, court proceedings, judgment, and enforcement.
