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Dealing with debt collectors

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If you fall behind on your loan or credit card, a debt collector might contact you.

What is a debt collector

A debt collector is a person who collects overdue debts. You might be contacted by the lender, by a debt collection agency, by a lawyer, or by an organisation that has bought your debt.  

There are rules that apply to debt collectors to ensure you are treated fairly and the debt collector does not harass, intimidate or mislead you. 

You should know free support is available to help you. You can ask for free financial counselling help, free legal help and free personal help. See contact details for free help.

If you receive a notice about being taken to court, get free legal advice straight away. If you ignore it, you could risk a default judgment being made against you and the lender applying to the court to enforce they money order. Among other things this could result in your home or goods being repossessed and sold, your wages being garnisheed, or even an application to make you bankrupt. 

Understand your rights

It’s important to know your rights! When a debt collector contacts you: 

Debt collection rules and guidelines

What debt collectors can do

There are rules that apply so debt collectors must respect your right to privacy. They can contact you to: 

There are also guidelines to inform how and when debt collectors can contact you:

By phone

If they are contacting you at work, contact should be limited to your normal working hours if known, or 9am to 5pm on weekdays 

Face to face

Email and social media

You can tell a debt collector how to contact you. For example, if you don’t want to receive phone calls, you can ask for communications: 

  • by email only 
  • through your authorised representative, like your financial counsellor 
  • through another suitable contact method 

 If you've asked to be contacted in a particular way, keep a record of your request.

What debt collectors can't do

By law, debt collectors must not: 

These protections also apply to your family.

If you have concerns about how your lender or debt collector is handling your debt or the debt collection process, you should first complain to the lender or debt collector. The Financial Rights Legal Centre has a letter template you can use.

If the behaviour doesn't stop, contact the Australian Financial Complaints Authority (AFCA) to make a complaint and get free, independent dispute resolution.

If a debt collector threatens you with violence or physical force, contact the police immediately.

What to do when contacted by a debt collector

Consider the debt owed 

If you are contacted about a debt, make sure you know what the debt relates to. If you're unsure about a debt, ask for more information. You can ask for documents or information on: 

If you're still unsure if the debt is yours, you can dispute (disagree with) a debt if: 

You should contact the debt collector and tell them why you're disputing the debt. 

If your debt has been sold to another company, you can still ask for information about the debt. 

If you've already paid back the debt: If a debt collector contacts you about a debt you've already paid, explain that in writing. Include copies of records that prove it. You may want to seek legal advice to assist with this.

Be honest and cooperative 

Be honest about your financial situation, including other debts. 

Keep good records 

Keep copies of all correspondence to and from the debt collector. Include: 

Propose an affordable payment plan 

If you can afford to make payments, contact the debt collector and tell them you want to work out a payment plan.  

If you can’t afford the repayments suggested, you should tell the debt collector that. 

They may ask for financial details to show how much you can afford to pay. Only offer an amount you will be able to stick to. 

The debt collector may agree to: 

If they reject your request, you can make a complaint. 

If you're threatened with legal action 

Ask the debt collector to delay legal action to give you time to get legal advice and get legal advice as quickly as you can. 

Some people have personal circumstances that can make dealing with debt collection more difficult. This may include family or domestic violence, homelessness, serious illness or mental health challenges. 

You do not have to share personal information with a debt collector. However, if you choose to tell them about circumstances affecting you, it may help them understand your situation and communicate with you more appropriately. 

Get free help to manage the situation 

Get free financial help

You can get information and assistance from a financial counsellor on dealing with debt collectors, or if you need help to work out a repayment plan. 

Call the National Debt Helpline on 1800 007 007 to talk to a financial counsellor. Monday to Friday, 9:30am to 4:30pm. Or live chat, Monday to Friday, 9:00am to 8:00pm.

Aboriginal and Torres Strait Islander peoples can call the free Mob Strong Debt Help on 1800 808 488. Monday to Friday, 9:30am to 4:30pm.

Get free legal help

Community legal centres and Legal Aid agencies offer free legal advice and can help you with disputes and debt recovery through the courts.

Get free personal help 

Managing debt collection is a stressful experience that can take a toll on your emotional wellbeing. If you need someone to talk to (24 hours a day, 7 days a week) contact: 

Lifeline – 13 11 14 or the online Crisis Support Chat 

Beyond Blue – 1300 22 4636 or Beyond Blue website 

If you're in crisis and struggling to pay for essentials, there are services to help you with food, bills and housing. See urgent help with money.