How to Minimise Bad Debts and Improve Cash Flow in NSW
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Rule 1 — Trusting is Good, Checking is Better
Bad debt is the silent drain on many business cash flows. A few disciplined rules, applied consistently, can dramatically reduce your exposure — and free you up to focus on growing your client base rather than chasing payments.
A bad debt is an amount owed to your business that is unlikely to be recovered — typically because the customer is insolvent, has disappeared, or is simply refusing to pay despite being able to.
CLS Legal has been advising businesses and creditors in NSW since 2010.
Before you extend credit to a new customer, always have them complete a credit application and provide references. Depending on the size of the business and its expected spend, it may also be worth obtaining a credit report on the person or entity.
If dealing with a corporate entity, ensure your credit application includes a legally enforceable director’s guarantee. This must be completed and signed by each director.
- Require trade references — and actually check them.
- If a previously reliable customer starts paying slowly, review their credit application and recheck their references.
- If you have further doubts, call the directors directly and ask them to explain the change in payment pattern.
- If you are not satisfied with the answers, reduce their credit terms immediately.
Rule 2 — Start as You Mean to Go On
Your standard terms and conditions need to be clear, concise, and available to customers before you do business with them. Print them on every quote and invoice, and display them on your website.
- Never take on a customer you have heard is a slow or bad payer — unless you restrict them to pre-payment or payment on delivery (POD).
- If your credit terms are 14 days, someone should be calling on day 15 — especially in the early stages of the relationship.
- Far too many businesses accumulate bad debts because they worry that chasing payment will damage the relationship. It will not. Clear expectations set at the start protect both parties.
Rule 3 — Be the Squeaky Wheel
Your systems and actions need to signal clearly that you will be paid as soon as the customer is in a position to pay. The only way to achieve that is to be persistent.
- Enforce your terms of trade. You or someone in your team needs to be consistent and firm about chasing overdue accounts.
- Do not stop once you have a promise of payment. If a promised payment or part-payment is not made, seriously consider withdrawing credit from that customer and commencing recovery proceedings.
- Accept a payment plan if you must — but only if the customer is being honest with you. Always put the payment arrangement in writing. If you are offering a discount as part of the arrangement, make it clear in writing that the full debt is recoverable if the terms are not met.
- Keep your recovery process organised and consistent. A well-structured system — where a letter of demand is promptly followed by a statement of claim — can be issued cheaply and efficiently. Your lawyers can help you set this up.
If you are unsure whether to commence recovery proceedings or need help putting a payment arrangement in writing, call CLS Legal on (02) 9279 0919.
Rule 4 — Don’t Throw Good Money After Bad
Do not let emotion drive your decision to pursue a debt. Before spending real money on legal fees, have your lawyer conduct sufficient searches of the customer entity and the people behind it — including bankruptcy searches and property ownership searches. This gives you a realistic picture for a cost-benefit analysis before you commit to recovery.
Rule 5 — Learn From Your Mistakes
- Do not give a bad payer — or a customer who went into liquidation and has reinvented themselves — another chance. They will do it again. Your time is better spent finding better customers.
- Do not blame the legal system or the customer for the fact that you were not paid. Review your systems, identify what your business could do better, and implement those changes.
Minimising Bad Debt
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- info@clslegal.com.au
- (02) 9279 0919
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CLS Legal Debt Recovery Services
CLS Legal works with NSW businesses to reduce their exposure to bad debts and recover what they are owed. We can assist with:
- Drafting or reviewing credit applications and director’s guarantees
- Reviewing and updating your terms and conditions of sale
- Setting up a structured debt recovery process, including letters of demand and statements of claim
- Advising on the cost-benefit of pursuing a specific debt, including entity and bankruptcy searches
Call (02) 9279 0919 or request a consultation.
FAQs About Minimising and Recovering Bad Debts
A director's guarantee is a personal undertaking by a company director to repay a debt if the company cannot. If you are extending credit to a corporate entity, a signed director's guarantee means you can pursue the individual if the company becomes insolvent. Without it, you may have no recourse beyond the company itself.
The day after it is due. If your terms are 14 days, someone should be making contact on day 15. Early follow-up signals that you are organised and serious, and it increases your chances of being prioritised when the customer has limited cash available.
A letter of demand is a formal written notice requiring the debtor to pay the outstanding amount by a specified date or face legal proceedings. It is typically the first step in a formal debt recovery process and can be issued by your lawyer or your office with legal guidance.
It depends on whether the debtor has assets. Before incurring legal fees, your lawyer should conduct searches to determine whether the individual or entity has the means to satisfy a judgment. If they are insolvent, winning in court may still leave you out of pocket.
Yes, if your terms and conditions provide for it. The rate and conditions must be clearly stated in your terms before the debt arises. Retrospective interest clauses generally do not hold up.
You are not obliged to extend credit to the new entity. Prior payment history — even under a different company name — is a legitimate basis for refusing credit or requiring pre-payment. Do not assume the past is irrelevant simply because the corporate structure has changed. ---