Not every overdue account can be paid in one lump sum. A customer who is genuinely cash-constrained but willing to pay can often be managed through a structured arrangement — regular instalments over a defined period, with clear consequences if they default. The key word is "structured". An informal agreement to "pay when you can" is not a payment arrangement — it is a deferral of the problem.
When payment arrangements make sense
A payment arrangement is appropriate when:
- The debt is undisputed — the customer acknowledges they owe the amount.
- The customer has a genuine capacity to pay over time, even if not immediately.
- The relationship has value and you would prefer to preserve it.
- The alternative — legal proceedings — would cost more than the arrangement produces.
A payment arrangement is not appropriate when the customer is using the arrangement to buy time without any intention of paying, when their financial position is deteriorating so rapidly that no arrangement will produce a return, or when the debt is in dispute and the arrangement would imply acceptance of a compromised amount.
What to include
An effective payment arrangement should specify:
- The total amount owed — principal, interest accrued to the date of the arrangement, and any recovery costs that have been agreed as part of the balance.
- The instalment amounts — fixed amounts on fixed dates. Avoid variable amounts or "as much as possible" — they are unenforceable and unmonitorable.
- The payment dates — specific dates, not "weekly" or "monthly" without a start date.
- The payment method — direct debit is the most reliable; bank transfer on specified dates is acceptable if monitored.
- The consequence of default — typically that the entire balance becomes immediately due and payable, and recovery action (including legal proceedings) will proceed without further notice.
- Whether interest continues to accrue — if your terms provide for it, interest may continue to run on the outstanding balance during the arrangement period. State this explicitly.
Getting it in writing
An oral payment arrangement is difficult to enforce and easy to deny. Every payment arrangement should be documented in a signed, written agreement — even a one-page letter signed by both parties is sufficient for most accounts. The document should recite the total debt, the instalment schedule, the payment method, and the default consequences.
Electronic signatures are generally enforceable in Australia. A signed PDF returned by email is acceptable for most commercial arrangements. For larger amounts, consider having the arrangement deed-stamped or witnessed.
Monitoring compliance
A payment arrangement that is not monitored is not being managed. Put a reminder in your calendar for each payment date. Check that the payment has been received within one business day. If it hasn't, contact the customer immediately — not in a week. Early intervention at the first missed instalment is far more effective than waiting until several have been skipped.
Keep a record of every payment received, every missed payment, and every contact made in relation to the arrangement. This record matters if the arrangement eventually fails and legal proceedings are considered.
When instalments are missed
Act immediately on the first missed instalment — not after the second or third. Contact the customer the day the payment was due, confirm the default, and ask for the missed instalment to be paid within 24–48 hours. If it is not paid:
- Send a written notice of default under the arrangement.
- If your agreement specifies that the full balance becomes due on default, invoke that clause in writing.
- Consider whether to reinstate the arrangement (if the customer pays the arrears and provides a credible explanation) or to proceed to recovery action.
Be consistent. A creditor who repeatedly forgives missed instalments without consequence teaches the debtor that the default clause is not serious. Once the arrangement is in default and you have given notice, follow through.
Legal effect of a payment arrangement
A signed payment arrangement is a binding legal document. It may affect your legal position in the following ways:
- Limitation periods — a written acknowledgement of debt, or a part-payment, can restart the limitation clock in some circumstances. A payment arrangement typically achieves both.
- Interest accrual — if the arrangement specifies that interest continues to accrue, it does. If it is silent, whether interest continues depends on your terms of trade and the terms of the arrangement itself.
- Settlement — if you agree to accept less than the full balance in the arrangement (a compromised settlement), that agreement may prevent you from pursuing the balance later, even if the debtor defaults. State clearly whether the arrangement is for the full balance or a compromised amount.
This guide is general information only. It does not constitute legal or financial advice. For advice specific to your situation, consult a qualified professional.