Debt Recovery: Getting Money Owed to You
How to recover a debt, or what to do if someone is claiming you owe money.
Key point: For debts under $25,000 in Queensland, you can apply to QCAT (minor civil dispute). No lawyer needed. Filing fee: from $93.15 (2025-26). For debts between $25,000 and $150,000, use the Magistrates Court. Over $150,000: District Court.
If someone owes you money
Send a letter of demand
Write a formal letter stating: the amount owed, why it is owed, a deadline to pay (usually 14-21 days), and that you will take legal action if they do not pay. Keep a copy. Send by email and post.
Gather your evidence
Collect: the contract or agreement (written or oral), invoices, receipts, text messages or emails confirming the debt, any payment history, and your letter of demand with proof of delivery.
Apply to QCAT (under $25,000)
File a minor civil dispute application at qcat.qld.gov.au. Filing fee is from $93.15 (2025-26) for individuals. QCAT will schedule a hearing, usually within 6-12 weeks. See our QCAT guide.
Enforce the order
If you win and the debtor still does not pay, you can apply for enforcement through the Magistrates Court. Options include: garnishee order (takes money from their bank/wages), seizure and sale of property, or an examination summons.
If someone claims you owe money
Check the claim is legitimate
Ask for: a copy of the original agreement, an itemised statement of the amount claimed, and proof that the debt has not been paid or is not statute-barred (over 6 years old in most cases).
Know the limitation period
In Queensland, the limitation period for most debts is 6 years from when the cause of action arose (Limitation of Actions Act 1974 s 10). After 6 years, the debt is "statute-barred" and cannot be enforced through the courts. Partial payments or written acknowledgments can restart the clock.
Respond to any court application
If you receive a QCAT application or court claim, you MUST respond by the deadline. If you ignore it, the court may enter a default judgment against you, which is much harder to overturn than defending the claim in the first place.
Limitation periods
| Type of debt | Limitation |
|---|---|
| Contract (written or oral) | 6 years |
| Loan agreement | 6 years from default |
| Court judgment | 12 years |
| Deed | 12 years |
Search for similar cases
See how courts have decided debt recovery cases:
Related guides
QCAT Applications
How to file a minor civil dispute at QCAT for debts under $25,000.
Consumer Disputes
If the debt arises from a faulty product or service.
This guide is general information only, not legal advice. For advice about your situation, contact Legal Aid or a community legal centre (free).