How do I collect a personal debt in QCAT?

To succeed in a debt recovery claim under Queensland civil procedure, you must prove on the balance of probabilities, that is, that it is more likely than not (the required civil standard of proof of 51%), that money changed hands and that it was intended as a loan rather than a gift.

Written loan agreements are the strongest form of evidence, but Queensland courts and QCAT will accept any contemporaneous written record, including text messages, emails, bank transfer records with reference descriptions, and written acknowledgments of the debt.

QCAT handles debts up to a $25k limit. The absence of a written agreement does not automatically defeat a claim, but it places the entire burden of proof on the creditor’s oral evidence against the debtor’s denial, which is a significantly weaker evidentiary position.

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