A modest unpaid invoice can come with a much larger counterclaim
Compare a modest receivable with an asserted larger counterclaim and separate defence funding before choosing a proportionate recovery instruction.
Corporate Recovery Partners
01 / 06
The invoice is only one side of the dispute
Your business is owed about $20,000 and expects a straightforward collection exercise. The customer responds with an $80,000 claim for alleged damage. Give both claims to the lawyer before treating the dispute as a small unpaid account. The larger figure may be unsupported, but it should be assessed rather than ignored because you were the first party asking for payment.
Preserve the customer's demand and supporting material. Separate a general complaint, a quantified claim and documents formally served in a proceeding. Ask the lawyer what response is required and when. Do not assume every threatening amount becomes a valid counterclaim, or that answering the invoice question automatically answers the customer's allegations.
Business.gov.au recommends understanding contractual obligations and obtaining advice about unclear terms. Provide the contract, scope, instructions and relevant evidence for both sides of the dispute. This article does not determine liability, set-off or a procedural right to counterclaim. The legal team needs to assess those matters using the actual documents and applicable process.
In the hypothetical example, subtracting $20,000 from $80,000 and labelling the result money owed by your business would assume the allegations are established. Equally, excluding the $80,000 entirely would hide a possible exposure. Show the asserted amounts separately, with the adviser's assessment and the evidence still needed, rather than using an unsupported net balance.
Distinguish work to pursue the invoice from work to investigate or defend the alleged loss. Ask about proportionate stages, specialist evidence and any relevant insurance enquiry. Do not assume that abandoning your collection automatically disposes of the other claim. Obtain specific advice before making concessions or a settlement intended to resolve both sides.
Compare supported options and funding needs, recording what remains uncertain. Keep formal response dates active even while commercial discussions continue. A modest receivable can require a wider decision when another party asserts a larger loss. The useful recovery plan addresses that exposure explicitly, so a budget based only on the invoice does not leave the business unprepared for the dispute it actually faces.