Collecting debts is crucial to cash flow and business sustainability. If people do not pay you for the goods and services that you provide you will soon no longer be in business, despite the size of your organisation.
It is equally as frustrating when somebody is chasing you for a debt where:
- the goods or services they provided or claim to have provided:
- were not provided at all;
- were not what you ordered
- were of poor quality and had to be replaced or redone;
- you have already paid; or
- an agreement was reached concerning payment, which is not being honoured.
Incidentally, these are the very excuses that purchasers use when they do not want to pay your bill!
It is reassuring to know that our expert lawyers can assist you collect payment when it is due, and also deal with payments wrongfully demanded from you. We assist with all kinds of debts, including relatively minor debts right through to extremely large and complex debt situations involving proceedings in the Supreme Court of Queensland or Federal Court of Australia.
Thankfully, we know all the tricks and will ensure that you are properly advised and can make smart decisions. If you are involved in a situation where the payment or non-payment of a debt is a matter of life and death (so to speak) you should also see our bankruptcy, insolvency and reconstruction page which may assist you.
Matters our lawyers have handled include:
- acting for a secured creditor who had sold a business but was continually being put off with excuses when it came to repayment - we organised the appointment of a receiver and removed the debtor from the business, allowing the creditor to take the business back;
- acting for a lender where the loan was secured by a mortgage and where repayment had stopped - when the borrower realised that she either had to repay or move out, she swiftly arranged refinance and the lender was paid in full;
- acting for a company director where one of the employees (who happened to be a relative) had mysteriously spent large sums of money on the company credit card – which stopped once she heard from us;
- acting for a franchisor against the owner of some franchises who was significantly behind in payment of franchise fees - until a receiver was appointed by the court to his company;
- acting for a landlord who had leased commercial premises where rent was significantly in arrears, and the tenants had disappeared overseas - who returned to find that their keys no longer worked and their business was gone;
- acting for a foreigner who had lent a large sum of money to a restaurant owner who refused to pay back anything at all - until winding up proceedings were commenced against his company;
- acting for a franchisee against a franchisor who demanded payment - until we pointed out that our client could never have operated the franchise, as he did not have the required licence, and never could have obtained it despite promises made to him;
- acting for a foreign lender against a local entrepreneur who had seriously breached the conditions of the loan;
- acting for a franchisor against an ex-franchisee who had done the midnight runner leaving a debt - until we obtained a court order freezing their bank account; and
- acting for the purchaser of a business who had done so using vendor finance and where the vendor had obtained a court judgement against our client for non-payment of the debt - we obtained an instalment order allowing our client to repay the debt over time and not put its numerous employees out of work.