ARTICLE · 23 JUNE 2025

How Do I Recover a Debt From an Individual?

LegalVision

Explore more from LegalVision

There are steps you can take to maximise the chances of individual debtors paying up and also avoid the time and cost of issuing legal proceedings.

AustraliaConsumer Protection

Author LinkedIn connections

In Short

Initial Contact: Begin by contacting the debtor through polite emails and phone calls to remind them of the outstanding payment. This approach can resolve issues arising from missed due dates or misplaced invoices.
Formal Letter of Demand: If initial contact fails, issue a formal letter of demand outlining the debt owed, confirming the goods or services provided, setting a final payment date, and stating the actions you will take if payment is not made.
Consider Legal Action: As a last resort, consider legal proceedings to recover the debt. Be aware that court processes can be time-consuming and costly, with no guarantee of full recovery of the debt.

Tips for Businesses

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

The Scope Of A School’s Duty Of Care Revisited

AustraliaConsumer Protection

Carroll & O'Dea

How Long Does Unpaid Debt Stay On A Credit Report In Australia?

AustraliaConsumer Protection

When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles

AustraliaConsumer Protection

Bartier Perry Solicitors

ACCC Takes Amazon AU To The Federal Court Of Australia Alleging Its Annual Amazon Prime Video Subscription Contract Contains Unfair Contract Terms

AustraliaConsumer Protection

Unfair Contract Terms Penalties And The Updated UCT Regime: What Your Business Needs To Know

AustraliaConsumer Protection

Coleman Greig Lawyers

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Consumer Protection
- Consumer Credit

Related Comparative Guides

Comparative Guide

Product Liability

Comparative Guide

Gambling Law

See more popular content from

Consumer Protection

What Is The 2026 Ban On Credit Card Surcharges?

From 1 October 2026, Visa, Mastercard and eftpos can ban businesses from adding surcharges to card transactions, enforced through merchant agreements.

AustraliaConsumer Protection

Misleading Pricing Under Australian Consumer Law

Misleading pricing occurs when a business creates a false or misleading impression about the true cost of goods or services, even where the advertised price is technically correct. Under the Australian Consumer Law, businesses must ensure consumers can understand the real price they will be required to pay, including any unavoidable fees, charges, surcharges or conditions affecting price.

AustraliaConsumer Protection

Stonegate Legal

How Long Does Unpaid Debt Stay On A Credit Report In Australia?

Understanding how long unpaid debts remain on Australian credit reports is crucial for managing financial reputation and planning recovery from financial difficulty. This comprehensive guide examines retention periods for defaults, court judgments, bankruptcy information, and other credit listings, while explaining the regulatory framework that governs credit reporting in Australia.

AustraliaConsumer Protection

ACCC cracks down on misleading consumer guarantees and return rights for faulty goods

Recent cases demonstrate the importance of ensuring that businesses do not mislead consumers. Tips on how to comply with the ACL.

AustraliaConsumer Protection

Holding Redlich

When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles

In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.

AustraliaConsumer Protection

Bartier Perry Solicitors

Spamming and the Spam Act

A reminder that there is a Spam Act which sets out rules relating to spam messages as explained here.

AustraliaConsumer Protection

Pointon Partners

The Scope Of A School’s Duty Of Care Revisited

An 11-year-old student suffered a back injury during a long jump trial at a school athletics carnival, leading to a significant Court of Appeal decision that clarifies schools' duty of care obligations. The case examines whether basic safety measures like adequate sand depth and regular pit maintenance constitute reasonable precautions that schools must take to protect students during sporting activities.

AustraliaConsumer Protection

Carroll & O'Dea

How misleading claims about your products could cost you!

The ACCC has made it clear that misleading product descriptions will result in fines and orders for remedial action.

AustraliaConsumer Protection

Clifford Gouldson Lawyers

Misleading or deceptive conduct

Sometimes a third party who relies on misleading & deceptive conduct may be entitled to damages.

AustraliaConsumer Protection

Product safety and notification under the Australian Consumer Law

If you're part of the supply chain, you'd be used to the current way of handling product safety incidents which is mostly left in the hands of suppliers to manage and investigate.

AustraliaConsumer Protection