Debt recovery

Why December matters when someone still owes you money

An unpaid invoice left unresolved over the Christmas shutdown can become harder to chase. The debtor's position may change, evidence becomes harder to gather, and you start the new year behind.
Corporate Recovery Partners
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01 / 07

The pattern that repeats every year

A subcontractor finishes work, sends the invoice and follows up. The customer promises payment, then goes quiet. November becomes December, and the assumption is the debt can wait until after Christmas.

January arrives and the problem remains, except the debtor has had six weeks without pressure. Evidence becomes harder to pull together, witnesses move on or forget details, and the creditor starts the new year already behind on cash flow.

This is not an inevitable outcome. It is the result of treating December as a time to pause rather than a window that creates real pressure for settlement.

02 / 07

What changes during the shutdown period

Six weeks of no contact gives a debtor breathing room. Money can be moved elsewhere, the business can restructure or the debtor can simply wait out the creditor's silence.

Your leverage weakens the longer a debt sits unresolved. If the debtor's financial position deteriorates during this period and the company enters administration or liquidation, the recovery process changes and what is available to creditors may be reduced.

The paper trail also becomes harder to rebuild. People who know the job may leave, emails become harder to locate, a site closes or the person who approved a variation no longer works for the customer. A debt does not improve with age.

03 / 07

December creates pressure if you use it

One common mistake is the belief that December is the wrong time to act on a debt. The opposite is often true.

Many businesses are closing out their books before Christmas and debtors do not want to carry a dispute into the new year any more than you do. There is real pressure in this window if a clear, formal demand is made with a short deadline.

Sending another chasing email and hoping for the best is not a strategy. If phone calls and reminders have not worked by now, a different approach is needed. Depending on the facts and the contract, a formal letter of demand or other steps may move the matter quickly.

04 / 07

Limitation periods and the cost of waiting

Do not assume every unpaid debt has a universal six-year countdown. Time limits depend on the state or territory, the type of claim and the payment or acknowledgement history.

The period is usually six years after the debtor defaults on regular payment obligations under the contract, but it can be revived by subsequent payment or acknowledgement of the debt. Where a debt is statute-barred, the debtor can raise that fact as a complete defence in any legal proceedings for recovery.

Obtain legal advice before threatening or starting proceedings on an old account. But even for recent debts, delay reduces practical options and allows the debtor's position to change in ways that make recovery harder or impossible.

Source: ASIC RG 96 Debt collection guideline

05 / 07

Gather your records now

Put the contract, purchase order, invoices, delivery records, payment history, variations and relevant correspondence in one file. Record the amount outstanding, payments received, any dispute raised and promises about payment.

Separate what the documents establish from what you remember. A clear file gives an adviser something concrete to assess and makes your own follow-up more consistent.

Check the legal entity on the contract and invoices. If you learn of an insolvency appointment or administration, seek advice promptly. Recovery prospects depend heavily on the steps taken before a formal appointment is announced.

06 / 07

Choose a proportionate next step before the break

Depending on the amount, the evidence and the customer's response to date, the next step may be a formal written demand with a deadline, a negotiated settlement, a documented payment arrangement or advice about formal recovery action.

If the money owed is documented and the other side has not raised a genuine dispute, there are options available to you. A formal demand letter can produce a response within days once it lands on the right desk. Do not assume legal steps take too long to be worth starting in December.

Keep communication professional. Explain the account clearly, listen to any genuine dispute and avoid repeated contact that could become harassment. Being organised and direct is more useful than being aggressive.

07 / 07

Set a deadline to review the account

Start with the overdue accounts you have been meaning to deal with. Gather the records, confirm the balance and note the last meaningful response from the customer. Then decide who will review the available options and when.

You do need a process for recognising when ordinary follow-up is no longer working and a different approach is required.

CRP works with construction businesses, subcontractors and suppliers dealing with unpaid debts and disputes. Use the contact form below to explain your situation before the Christmas shutdown.

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