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Debt Enforcement

Find out about your rights and responsibilities if you are being chased by a debt collector, being taken to court or being threatened with bankruptcy.
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Robert’s Story: Advice about bankruptcy

Robert’s business had to close down when borders shut during COVID. He owes around $120,000 over several credit cards, overdrafts and personal loans. He owns his home but there is a mortgage of $330,000 that he took out 5 years ago when his business was doing well. The property market has dropped, and he thinks the home would only sell for $340,000 now. He wants to go bankrupt and has heard he can keep the home if he just keeps the mortgage up to date. Financial Rights was able to explain the bankruptcy process to him and help him decide the best option for him.

father with financial stress and other worries

When to get help

Read through the fact sheets below and use the sample letters selected. Debt enforcement can be overwhelming: whether dealing with debt collectors or being chased for money. But you are not alone. Give us a call if you don’t know where to start or can’t find a solution for your problem. Some of these problems might be familiar:

  • You’re avoiding phone calls in case it’s a debt collector
  • You have too much debt, and need help sorting out your finances
  • You are being harassed by a debt collector and want to know what your rights are.
  • You are being chased for an old debt or a debt you don’t think is yours.
  • You owe money to someone and they are threatening to make you bankrupt.
  • You want to make a repayment arrangement with a debt collector but you don’t know how to go about it.
  • You think you might need to go bankrupt but need more information about your options.

Fact Sheets

These fact sheets will give you more detailed legal information about your debt problem.

Sample Letters

These sample letters will help you to draft up an email to contact debt collectors or lenders chasing you for payments.

Contact Us

If you need to speak to a financial counsellor you can call the National Debt Helpline on 1800 007 007

  • Monday to Friday 9.30am – 4.30pm (Sydney time)
  • Please note, the National Debt Helpline is answered by both Financial Rights (our service) and Uniting (NSW.ACT) which is based in Dubbo and provides telephone financial counselling, but does not have solicitors available. Our services are run separately, neither service has access to any information or advice given to or by the other service.

If you have an urgent legal problem call our Financial Rights Legal Advice Line on 1800 844 949 (NSW)

  • Monday to Friday 10am – 1pm (Sydney time)

If you are experiencing or recovering from abuse please visit our Financial Abuse webpage.

External Resources

Australian Financial Complaints Authority (AFCA)

  • Ph: 1800 931 678
  • Email: info@afca.org.au
  • Web: www.afca.org.au
  • Address: GPO Box 3, Melbourne VIC 3001

Australian Financial Security Authority is the government regulator that manages the application of bankruptcy laws.

Community Legal Centres Australia is the peak body for community legal centres.

Australian Competition and Consumer Comission is the regulator for consumer laws.

Australian Securities and Investments Commission is the regulator for financial services providers.

Australian Collectors & Debt Buyers Association is an industry body for debt collectors.

 

 

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The woman Helen, that I spoke to put my mind at ease and she gave me very valuable information to proceed with my repayment schedule with the bank but most of all she relieved the stress that I was experiencing the past two weeks thank you very much Helen.