Debt Recovery Lawyers Whitsundays

Across most of Australia, the limitation period for recovering a debt is six years from the date the debt became due. In Queensland, the same six-year limit applies, although certain circumstances may extend or shorten the timeframe depending on the type of debt or whether a judgment has already been made. If no action is taken within this period, the debt may become statute-barred and unenforceable. Our debt recovery lawyers recommend seeking advice as early as possible to protect your rights and maximise your chances of recovery.

Debt settlement negotiations usually involve reaching an agreement where the debtor pays a reduced amount or agrees to a repayment plan. To increase your chances of success, you should:

• Keep records of all communication.
• Be clear about the amount owed and your expectations.
• Consider offering flexibility, such as instalment payments.
• Put any agreement in writing.

At Airlie Legal, we can negotiate on your behalf to protect your interests and make sure the agreement is legally binding. This approach forms part of alternative dispute resolution, which can help resolve matters without the need for lengthy court proceedings.

Under the Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) guidelines, debt collectors must not:

• Use physical force, coercion, or undue harassment.
• Mislead or deceive the debtor about the debt or legal consequences.
• Contact the debtor at unreasonable times or too frequently.
• Disclose information about the debt to unauthorised third parties.

It’s important to note that Airlie Legal are debt recovery lawyers, not a debt collection agency or a debt collector. We do not make repeated debt collector contacts. Instead, we manage the debt collection process through legal avenues such as demand letters, QCAT, and legal proceedings, giving you stronger protections and enforceable outcomes.

The 7-7-7 rule is an industry guideline sometimes followed by debt collectors. It suggests making no more than seven attempts to contact a debtor in seven days, and never contacting them within seven consecutive days once contact has been made. While it is not law, the rule reflects best practice to prevent harassment.

As debt recovery lawyers, Airlie Legal does not act as a debt collector or engage in repeated collection calls. Instead, we focus on formal legal steps such as demand letters, negotiation, and legal proceedings to recover debts in a professional and enforceable way.

In some cases, yes. If court action is necessary and you obtain a court judgment in your favour, the court may order the debtor to pay certain legal costs in addition to the outstanding debt. However, these costs are usually limited and may not cover everything you have spent.

One way to strengthen your position is by having a professionally drafted contract that includes a costs recovery clause. This type of clause can entitle you to claim the full costs of debt recovery, including legal fees, from your debtor if they default on payment. At Airlie Legal, our debt recovery lawyers can advise on both recovering existing debts and drafting contracts that protect your future interests.

If a debtor becomes bankrupt, you may not be able to recover the full amount owed. Instead, you would need to lodge a proof of debt with the bankruptcy trustee. The trustee distributes available assets among creditors, but payments are often only a portion of the original debt. We can advise you on your rights and options if this situation arises.

Not always. Some debts can be resolved directly with a letter of demand or through informal negotiation. While some people consider using a debt collection agency or seeking help from legal aid agencies or community legal centres, these options are limited because they usually cannot provide full representation in QCAT or court. Engaging a lawyer from Airlie Legal gives you comprehensive support, from formal legal correspondence to court representation and enforcement of judgments, making the process more effective and secure.

QCAT (Queensland Civil and Administrative Tribunal) handles debts of up to $25,000 and is generally quicker and less formal than court. For larger debts, you must apply to the Magistrates, District, or Supreme Court depending on the amount. Unlike a debt collection agency, which typically cannot represent you in these forums, a law firm like Airlie Legal can provide legal advice, prepare the necessary documents, and appear on your behalf to pursue the outcome you need.