Recovering an unpaid debt in Victoria runs in stages: a letter of demand, court proceedings if that fails, enforcement of the judgment and, against a company, a statutory demand. Where the debt is $4,000 or more and not genuinely disputed, that demand gives the company 21 days to pay, secure or compound it or apply to set the demand aside. We explain each step and its honest economics.
In this article
- Why does your paperwork decide the case?
- What does a letter of demand achieve?
- Which court should you sue in?
- How do you enforce a judgment?
- When can you serve a statutory demand on a company?
- When can you serve a bankruptcy notice on an individual?
- How quickly should you act on an unpaid invoice?
- Two questions creditors ask
- When does pursuing a debt make commercial sense?
- How do you recover debts reliably?
Why does your paperwork decide the case?
Every recovery runs on the documents that existed when the work was done: signed terms of trade, the quote, the purchase order, delivery records, the invoice. Terms that include interest on overdue accounts, recovery costs, retention of title and a personal guarantee from company directors transform your position. If your terms are thin, fix them before the next job: our guide to essential business contracts covers what belongs in them.
What does a letter of demand achieve?
A lawyer's letter of demand resolves a remarkable share of debts without proceedings. It states the debt, the basis, the deadline and the consequences, and it signals, cheaply, that you are organised and serious. Tone matters: firm, precise, professional. So does accuracy, because an inflated or aggressive demand hands the debtor a grievance. Where the debtor has a genuine dispute, the letter often surfaces it early, which is itself valuable: better to learn the defence now than after filing fees.
Which court should you sue in?
If the deadline passes, proceedings follow. In Victoria, claims up to $100,000 belong in the Magistrates' Court, whose website sets out its civil claim forms, fees and procedures; larger claims go to the County or Supreme Court. Some consumer and domestic building matters route to VCAT instead. Many commercial debts end at default judgment: the debtor never files a defence, and judgment is entered on the papers. Defended claims proceed through the court's pre-trial process, where most still settle; only a small fraction see trial.
How do you enforce a judgment?
A judgment is a legal fact; enforcement converts it into cash. The Victorian toolkit includes:
- Warrant to seize property: the Sheriff attends and seizes saleable assets.
- Attachment of earnings: instalments deducted from a wage-earning debtor's pay.
- Attachment of debts, often called a garnishee: money owed to the debtor, most usefully bank balances, is redirected to you.
- Sale of land: a warrant of seizure and sale issued by the County Court or the Supreme Court lets the Sheriff sell the debtor's interest in land, generally only after the debtor's personal property has been looked to, and a Magistrates' Court judgment can be registered in the Supreme Court so that land can be reached.
- Summons for oral examination: the debtor answers on oath about their assets, which often precipitates payment by itself.
Enforcement choices are intelligence-driven: a debtor with employment suits attachment; a company with a trading account suits garnishee timed to invoice cycles.
When can you serve a statutory demand on a company?
Where the debtor is a company and the debt is $4,000 or more and not genuinely disputed, the statutory demand is the sharpest tool available. Served under the Corporations Act, it gives the company 21 days to pay, secure or compound the debt, or apply to set the demand aside. Failure creates a presumption of insolvency on which winding-up proceedings can be brought. Directors treat that risk seriously, which is why compliant demands so often produce payment, although a company in genuine difficulty may instead turn to the protections explained in our guide to safe harbour and small business restructuring. The discipline runs both ways: a demand served over a genuinely disputed debt is likely to be set aside, or cut down to the undisputed part, often with costs against you, so the tool fits clean debts only.
Owed an undisputed debt by a company that will not pay, or has your own company just been served with a statutory demand? Call (03) 9125 8355 or send an enquiry.
When can you serve a bankruptcy notice on an individual?
Against individual debtors, a final judgment of $10,000 or more supports a bankruptcy notice; non-compliance within the time allowed is an act of bankruptcy grounding a creditor's petition. The threat is potent, because bankruptcy reaches homes and livelihoods, but the economics deserve cold assessment: in bankruptcy you may share with every other creditor. Pressure that produces payment beats process that produces a dividend.
How quickly should you act on an unpaid invoice?
Speed is the most underrated collection tool. Recovery prospects decay with every month an invoice ages: the debtor's position worsens, other creditors move first, and your leverage as a continuing supplier evaporates once the relationship ends. A disciplined ladder recovers more than sporadic bursts of fury ever will: reminder at seven days, director-level call at fourteen, lawyer's demand at twenty-one, proceedings or statutory demand on a fixed date you honour.
Watch for insolvency warning signs while you wait: round-sum part payments, changed bank details, a new entity trading from the same premises, directors suddenly unreachable. Any of these accelerates the timetable, and if a liquidation does come, having your retention of title registered on the PPSR and your account supported by guarantees is the difference between secured recovery and an unsecured dividend.
Two questions creditors ask
Will chasing the debt cost more than the debt?
Sometimes, and we will say so at the first conversation. Scaled costs in the Magistrates' Court keep modest claims economic, and interest and recovery-cost clauses in good terms of trade shift much of the burden to the debtor.
The debtor says they will pay "when cash flow improves". Do I wait?
Convert promises into instruments: a signed payment plan with default consequences, security, or post-dated commitments. A debtor who resists documenting a promise has told you its value.
When does pursuing a debt make commercial sense?
Before each escalation we ask the same question: what will this step cost, and what is the realistic prospect of recovering it? A letter of demand for an undisputed debt is a fixed fee of $495 including GST, as our fees page sets out, and recovering a disputed debt is estimated in writing once we know what is involved. Court scales return only part of actual costs; a judgment-proof debtor converts victory into expense. Sometimes the commercial answer is a negotiated instalment plan with security, or settling at ninety cents fast rather than one hundred cents never. And prevention compounds: credit checks on new customers, deposits, retention of title registered on the PPSR, and guarantees for company customers shrink tomorrow's bad-debt book. We give you that assessment candidly at every stage: see how we work at our commercial law page.
When you first call, have the essentials to hand: the contract or terms the customer agreed to, the invoices and statements, any written promise to pay, and a note of every conversation about the debt. That record usually decides which step comes next, whether a firm demand will do, whether the amount belongs in the Magistrates' Court or a higher court, or whether a statutory demand is available at all. With it in front of us, the first conversation ends with a recommendation and a costed plan rather than a list of things to go and find.
How do you recover debts reliably?
Debts are recovered by systems, not moods: tight terms at the front, a fixed escalation ladder in the middle, and honest cost-benefit decisions at every rung. Build the system once and the next unpaid invoice becomes a process, not a crisis.
Owed money and tired of excuses? We will tell you candidly whether the debt is worth pursuing, then pursue it. Call (03) 9125 8355 or send an enquiry.
Sources: Magistrates' Court Act 1989 (Vic), sections 3, 100, 111 and 112; Corporations Act 2001 (Cth), sections 9, 459C and 459E to 459H; Corporations Regulations 2001 (Cth), regulation 5.4.01AAA; Bankruptcy Act 1966 (Cth), sections 40 and 41; Bankruptcy Regulations 2021 (Cth), section 10A.
This guide reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
