Skip to the main content

Someone owes me money

General information on getting money back in Queensland: a letter of demand, QCAT minor debt claims up to $25,000, and the Magistrates Court.

Something else Queensland Updated 2 November 2026

DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.

The short version

  • Start with a clear, polite written request, often called a letter of demand.
  • If that fails, a fixed debt of up to $25,000 can often go to QCAT as a minor debt claim.
  • Bigger debts go to the Magistrates Court (up to $150,000) or higher courts.
  • There is usually a six year limit, so do not leave it too long.
  • Winning an order is one step. If the person still does not pay, you have to ask to enforce it.

Being owed money is awkward in a special way. You want it back, and you also want to stay on speaking terms. This guide is general information about how Queensland usually handles it. Lawyers call it debt recovery, which sounds grander than a polite email.

What this usually means

Someone has agreed to pay you a set amount and has not. It might be a loan to a friend, an unpaid invoice, or money for goods or work.

The usual path has three steps: ask, then claim, then enforce.

  • Ask. Contact the person and try to agree a way forward. If that does not work, send a letter of demand.
  • Claim. If they still refuse, apply to QCAT (the Queensland Civil and Administrative Tribunal) or a court.
  • Enforce. If they are ordered to pay and still do not, you ask to enforce the order.

Which place you claim in depends mostly on the amount:

  • QCAT handles minor debt claims for a fixed amount of up to $25,000, excluding interest.
  • The Magistrates Court handles claims up to $150,000.
  • The District Court handles claims up to $750,000.
  • The Supreme Court handles claims above that.

If you are owed more than $25,000, you can reduce your claim to $25,000 to use QCAT. That means giving up the rest, so it is worth asking for advice first.

What you can do now

  1. Gather what you have. Find the agreement, messages, invoices, bank records and anything showing what was promised and what was paid. Work out the exact amount and the date it was due.
  2. Ask politely first. A message or call that names the amount and a date often does the job.
  3. Send a letter of demand if needed. Keep it short and calm. Say how much is owed and why, the date you want it paid by (14 days is common), and how to pay. Say you may apply to QCAT or a court if it is not paid. Keep a copy and proof you sent it.
  4. Check your claim fits QCAT. For a minor debt, there must be an earlier agreement to pay a fixed amount, made no more than 6 years ago. QCAT does not take disputes with a consumer or trader, unpaid wages under the Fair Work Act, claims for residential building work, or bond disputes with the Residential Tenancies Authority.
  5. Lodge the application. Use QCAT's minor debt form. You must give the other person a copy. They have 28 days after getting it to respond. If they do not respond, you can ask QCAT for a decision by default.
  6. Know the fee. QCAT's minor civil dispute fees from 1 July 2026 run from $96.30 for claims up to $1,000, to $164.30 for claims from $1,000 to $10,000, and $405.60 for claims over $10,000. A fee waiver is available if you are on a full pension or benefit, under 18, or meet other hardship tests, but not for businesses. Check the QCAT fees page for the current figure.

Time limits

QCAT's minor debt page says the agreement to pay must be no more than 6 years old. Under the Limitation of Actions Act 1974 (Qld), proceedings generally must start within six years. If it has been longer, get advice before you do anything.

If you win an order, Legal Aid Queensland says you generally have six years to enforce it, which can be extended up to twelve.

If it goes further

For a minor debt under $1,500, QCAT usually lists the matter for a hearing. For claims over $1,500, it usually starts with mediation, where a neutral person helps both sides try to agree. If they do, the agreement can be written up and you can ask for it to be made a QCAT order. If not, there is a hearing.

The other person cannot file a counterclaim in a minor debt dispute, though they may be able to start a separate application about the same issue.

If you win and they still do not pay, you apply to enforce the order. You cannot have the person jailed for not paying. QCAT and Queensland Courts each publish information on enforcement options.

In a QCAT debt dispute, the tribunal can generally order the losing side to pay only your application fee and any electronic filing fee, not your other costs. A court may treat costs differently.

Questions to ask whoever helps you

  • Does my claim fit QCAT, or does it need a court?
  • Is it too late to claim, and when did the six years start?
  • Should I reduce my claim to $25,000 to use QCAT, or go to a court?
  • How do I make sure the other person is properly given the papers?
  • If I win and they do not pay, what are my options and what will they cost?

Good questions

Do I have to send a letter of demand?

Not always. QCAT does not say it is a requirement for a minor debt claim. But Legal Aid Queensland says you should try to sort it out with the person first, and a letter shows you tried and sets out what you want.

What if they live interstate?

QCAT says you can still apply if the agreement was made in Queensland. A lawyer can help if it is more complicated.

Can the person be sent to jail for not paying?

No. Legal Aid Queensland says you cannot have the debtor jailed for not paying. You can ask to enforce the order in other ways, and the courts and QCAT publish information on this.

What if it was a long time ago?

There is usually a limit of six years. If it has been longer, get legal advice before you do anything, because waiting too long may stop you from pursuing the money.

Words you might hear

Letter of demand
A letter asking someone to pay a debt by a set date, and saying what you may do if they do not.
Minor debt dispute
A QCAT claim for a fixed amount of up to $25,000 under an agreement to pay.
Respondent
The person the claim is made against.
Enforcement
Steps you take to get a court or tribunal order paid.

Where this comes from

  1. Minor debt disputes: debt dispute process, Queensland Civil and Administrative Tribunal
  2. Someone owes me money, Legal Aid Queensland
  3. Fees and allowances, Queensland Civil and Administrative Tribunal

Who can help

Free and official services in Queensland. Check with them what applies to you.

Tell me what happened