You did the work. You sent the invoice. They promised to pay. Then nothing.
When a client won’t pay, the answer is not endless chasing or giving up. It is a Letter of Demand — a formal notice stating what they owe, why they owe it, and what happens if they don’t pay within a set deadline.
Why a Letter of Demand Works
A Letter of Demand is not a polite reminder. It is a formal legal notice that signals you are prepared to escalate.
- It shows you are serious
- It creates a paper trail required for tribunal or court proceedings
- It often triggers immediate payment to avoid legal costs
- Tribunals expect proof you attempted recovery before filing
Skip this step and a tribunal may ask why you did not give the debtor a chance to pay first.
What to Include in Your Letter of Demand
A Letter of Demand must be clear, specific, and legally sound. Vague threats or emotional language weaken your position.
Include:
Your details and the debtor’s details Full names, addresses, ABN if applicable.
The amount owed State the exact figure, including GST if applicable. Break it down by invoice number, date, and description of work.
The work or goods provided Summarise what you delivered. Attach copies of the invoice, contract, or quote.
Previous attempts to recover List dates you sent reminders, made calls, or sent emails. This shows you tried to resolve it informally first.
The legal basis for the claim Reference the contract terms or the general law of contract. If you had a written agreement, cite the payment clause.
The deadline to pay Give them a reasonable period — typically 7 to 14 days from the date of the letter. Be specific: “Payment must be received by 5:00 PM on [date].”
What happens if they do not pay State clearly that you will commence tribunal or court proceedings without further notice.
How to pay Provide your bank details, PayID, or other payment method.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
How Long Should You Wait?
The standard deadline is 7 to 14 days from the date the letter is sent.
Seven days is appropriate if:
- The debt is small and straightforward
- You have already sent multiple reminders
- The client has been unresponsive for weeks
Fourteen days is appropriate if:
- The debt is larger or more complex
- The client has been communicating but not paying
- You want to appear more reasonable before escalating
Do not give them 30 days unless there is a genuine reason. The longer you wait, the more time they have to move assets or wind up their business.
What Happens If They Still Don’t Pay?
If the deadline passes and you receive no payment or response, you have three main options.
Option 1: File a Tribunal Application
For debts under the tribunal limit in your state (typically $10,000 to $25,000), you can file with the tribunal or court for your state:
- New South Wales: Local Court (Small Claims Division up to $20,000; General Division up to $100,000)
- Victoria: Victorian Civil and Administrative Tribunal (VCAT)
- Queensland: Queensland Civil and Administrative Tribunal (QCAT)
- Western Australia: Magistrates Court (minor case)
- South Australia: Magistrates Court (Minor Civil)
- Tasmania: Magistrates Court (minor civil claim up to $15,000)
- Australian Capital Territory: ACT Civil and Administrative Tribunal (ACAT)
- Northern Territory: Northern Territory Civil and Administrative Tribunal (NTCAT)
Tribunal filing fees are typically $50 to $200. If you win, the tribunal will issue an order requiring the debtor to pay. If they still refuse, you can enforce the order through a sheriff or bailiff.
Option 2: Commence Court Proceedings
For debts above the tribunal limit, you can file in the Magistrates Court or District Court. This is more expensive and slower, but may be necessary for larger claims.
Court proceedings require:
- A Statement of Claim setting out the facts and legal basis
- Filing fees (typically $200 to $500 depending on the amount)
- Service of documents on the debtor
- Attendance at hearings if the matter is defended
Most unpaid invoice claims are undefended. In that case, you can apply for default judgment and move straight to enforcement.
Option 3: engage a debt collector
If you do not want to handle the process yourself, you can:
- Hire a debt collector — they usually work on commission
Both options cost money, so weigh the cost against the size of the debt. For debts under $2,000, it may not be worth paying someone else to chase it.
Special Case: Company Debtors Owing $4,000+
If the debtor is a registered company (Pty Ltd or Ltd) and owes you $4,000 or more, you have a more powerful option: a Statutory Demand under the Corporations Act.
A Statutory Demand gives the company 21 days to pay or face wind-up proceedings. If they do not pay and do not dispute the debt, you can apply to have the company wound up. This is a serious step, but often the fastest way to recover money from a company that is ignoring you.
Claim Done prepares Statutory Demands for $97, including the required Form 509H and supporting affidavit template.
How Claim Done Helps
Claim Done generates a professionally formatted Letter of Demand in about 5 minutes.
Here is how it works:
- Complete a 5-minute intake form — tell us what happened and what documents you have (your invoice and any supporting documents)
- Our Programmatic Algorithms draft the letter — referencing applicable Australian law, formatted for immediate use
- We send it for you — by email
The letter is ready to send the same day. If the client still does not pay, you have a complete paper trail to support your tribunal or court application.
No subscription. Australia-wide.
Timeline: What to Expect
Here is a realistic timeline for recovering an unpaid invoice:
Day 1: Send the Letter of Demand Day 7-14: Deadline for payment passes Day 15: File tribunal application (if no payment received) Day 30-60: Tribunal hearing scheduled Day 60-90: Tribunal issues order for payment Day 90+: Enforce the order if debtor still refuses to pay
If they do not, the tribunal process adds more time; waiting times vary by tribunal. Enforcement can add another month or more, depending on whether the debtor has assets.
What Not to Do
Do not:
- Send vague threats — “I will take legal action” without specifics makes you look weak
- Harass the debtor — excessive calls, abusive language, or public shaming can expose you to defamation or harassment claims
- Wait too long — debts become harder to recover over time, and limitation periods apply (typically 6 years for contract claims in most Australian jurisdictions)
- Accept partial payment without a written agreement — if they pay $500 on a $2,000 debt, get it in writing that the rest is still owed and when it is due
Stay professional, stay documented, stay firm.
Final Step: Send the Letter
If a client won’t pay your invoice, the first formal step is a Letter of Demand. If they do not, you have the evidence you need to file a tribunal application or commence court proceedings.
Do not wait. Do not chase endlessly. Send the letter, set the deadline, move forward.
Claim Done drafts your Letter of Demand in about 5 minutes and sends it once you approve it. Tell us about your invoice, answer a few questions, and we handle the rest — $49 flat fee, no subscription.
Start your Letter of Demand now.
Frequently Asked Questions
How much does it cost to send a Letter of Demand?
Claim Done prepares and sends a Letter of Demand for a flat $49. This includes drafting the letter, referencing applicable law, and sending it by email; registered post is available for $29 extra. No subscription, no hidden costs.
What if the client disputes the invoice?
If the client genuinely disputes the invoice (for example, they claim the work was defective or incomplete), a Letter of Demand may not be appropriate. Do not use a Letter of Demand for genuinely disputed debts.
Can I send a Letter of Demand myself?
Yes. You do not need a lawyer to send a Letter of Demand. However, it must be professionally formatted, reference the correct law, and include all required elements. Claim Done automates this process so you do not have to research or draft it yourself.
What happens if they ignore the Letter of Demand?
If they do not pay or respond within the deadline, you can file a tribunal application or commence court proceedings. The Letter of Demand becomes evidence that you attempted to recover the debt before escalating.
How long does it take to get paid after sending a Letter of Demand?
If they do not pay, you will need to file a tribunal application, which takes longer to resolve; waiting times vary by tribunal.
Need this document prepared for you?
Claim Done generates professional legal documents from your evidence in about 5 minutes. Flat fee. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.