What is a debtor?
If someone owes you money then they have a debt to you - you are a creditor and the person who owes you money is a debtor.
Someone owes me money and they won't repay it. What can I do to make them pay?
The Queensland Civil and Administrative Tribunal has information about handling debt disputes, including information on what steps you can take on your own to recover your money.
If your dispute is with another person, a business or a company and is for a fixed sum of money less than $25,000, you may be able to apply to QCAT to have the matter resolved.
If the amount owed to you is more than $25,000 you can start court proceedings.
Court application procedures
Queensland Courts provide information for people representing themselves in court applications about money disputes, including money disputes up to $150,000, and information about how to lodge your claim, defend your claim, and how to get your money after the court makes a judgement.
It is always a good idea to talk to a lawyer for legal advice before you file documents to try to make sure you don't file the wrong type of document or that you don't file documents against the wrong person.
I lent my friend money but they didn't pay so I took them to court. Now I've got a money order against them but I still don't have the money. What can I do now?
There are several things you can do to try to enforce a Queensland Civil and Administrative Tribunal (QCAT) decision or court order to get your money. For all of them you need to apply to the court.
The Queensland Civil and Administrative Tribunal has information on how to enforce a QCAT decision, including how to enforce a minor civil dispute decision.
The Queensland courts also provide information on getting your money after judgement.
One thing you can't do is have the debtor sent to jail for not paying you.
Someone owes me money but they say that if I sue they'll just go bankrupt/apply to pay me $5 a week until the debt is paid. Can they do this?
Yes. A debtor can go bankrupt and can apply to the court to pay you an amount each week, but it probably won't be as little as $5.
The Insolvency and Trustee Service of Australia provides information on how to go bankrupt, how to make a person bankrupt, and what sorts of debts are covered by a bankruptcy.
Anyone can apply to go bankrupt. Lots of people don't want to do this, because although they can get rid of their debts, there are other consequences they may not like.
If the debtor can't afford to pay you back all the money in one go, the debtor can ask the court to order payment by instalments over time. The debtor has to give the court his/her financial position, and the court looks at this to be satisfied that the repayment proposal is reasonable. If the court orders payments by instalments, then you can't take other action to get the debt paid.
I got a money order against someone five years ago but they didn't own anything so I didn't see the point in going further. Now I've found out they've got some money or property. Is it too late to do anything?
No, it isn't. You have six years (extendable up to twelve years) to enforce an order of a court or of the Queensland Civil and Administrative Tribunal (QCAT).