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Debt recovery4 min read

Getting paid: from letter of demand to judgment

The sequence, and the point at which it stops being worth it.

What this is

General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.

Before anything else, check the limitation period

An action on a simple contract debt must be brought within six years of the date the cause of action accrued: s 14(1)(a) of the Limitation Act 1969 (NSW). A part payment or a written acknowledgment of the debt restarts the clock. If the debt is close to six years old, that determines everything else.

The sequence

  • Letter of demand. States the amount, the basis, and a date for payment. A court will read the letter later when it decides interest and costs. Overstating the debt or the basis can be used against you.
  • Statutory demand, if the debtor is a company and the debt is over the statutory minimum and not genuinely disputed. Section 459E of the Corporations Act 2001 (Cth). Failure to comply within 21 days creates a presumption of insolvency. Do not use a statutory demand where the debt is genuinely disputed, because it exposes you to an application to set aside with costs.
  • Statement of claim. Local Court to $100,000, District Court to $1,250,000. Filing fees scale with the amount and the court.
  • Default judgment, if no defence is filed within 28 days.
  • Enforcement. Garnishee order against wages or a bank account, writ for the levy of property, or an examination notice to find out what the debtor has.
Judgment is not moneyA large part of the cost of debt recovery sits after judgment, in enforcement, and a judgment against a debtor with no assets is worth nothing.

Where recovery stops being economic

Below about $5,000, once filing fees, service and time are counted, a firm letter of demand and a payment arrangement usually beats litigation. Above $20,000 against a solvent debtor with assets, proceedings are generally worth running. In between, the decision turns on whether the debtor can pay.

Current as at September 2026. Check anything here against your own documents and dates before you act on it.

Related

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General information only. Not legal advice, and no solicitor–client relationship arises until an engagement is confirmed in writing and a conflict check is completed.