Australian Debt Recovery

What are the major aspects of debt recovery which are relevant to Australia?

Australia is a common law country which inherited its legal system from the English system which was brought to Australia during colonial times and was adopted and adapted throughout Australian history to Australian circumstances. The Australian debt recovery service providers model their operations around this system. In terms of the pre-legal aspects of debt recovery, there are similar restrictions to what debt collectors can do to what is in place in the USA under the Fair Debt Collection Practices Act. However, there is not the legislative basis for this which there is in the USA and the harassment of debtors is really only prevented by guidelines published by the Australian Competition and Consumer Commission and the general obligations of businesses under the Fair Trading Legislation in particular states and the Trade Practices Act at a Commonwealth level.

How does the Australian legal system deal with debt recovery?

The structure of legal proceedings in the debt recovery process. Is very similar to how it operates in every other jurisdiction. Before Suing, a creditor would normally send a letter of demand and if this does not work issue a statement of claim and file it in the court with the appropriate jurisdiction. There would be a short period in which the claim would need to be served and then the creditor could proceed to default judgement if the claim was not defended. Once a default judgement is in place, the creditor can pursue enforcement proceeding which may involve garnishes of wages or repossession of the property of the defendant. If however, there is not sufficient assets held by the defendant to satisfy the total amount of the debt, the creditor may choose to proceed to bankruptcy proceedings. This would eventually discharge the defendant of their debts but it would also mean that their financial affairs would be placed under the control of a bankruptcy trustee.

Debt Collection Letter Resources