Debt and bankruptcy

Debt is money that is owed to another person or organisation through an agreed contract. This topic has information on the legal rights of debitors and creditors and ways to resolve debt.

An explanation of your rights if you are in debt.

Information about debt collection and the law, including how to make a complaint if you are being harassed by a debt collection agency.

Describes the steps a creditor can take to recover debt if the court makes a judgment against you.

Explains the notices or letters creditors may send to try to get you to pay an overdue debt.

A description of your available options before a creditor takes legal action against you for not repaying a debt.

An explanation of what happens if a creditor takes you to court over an unpaid debt.

Describes a defence and how to lodge a defence against a creditor’s complaint to court.

Explains what happens once the court has made an order against you for outstanding debts, and your options once an order is made.

If a court makes a judgment against you in a debt case, you may be summonsed to attend a hearing to give information about your financial position.

Describes how to pay off a debt in set amounts at set intervals through an instalment orders.

Information about bankruptcy and organisations that provide legal advicefor people who are bankrupt, at risk of being made bankrupt or considering becoming bankrupt.

Information about warrants. A warrant court order directing the sheriff to take and sell assets on behalf of a creditor, to pay back a debt.

Reasons why you may not have to repay a debt include if you have a defence, if you receive payments from Centrelink or Workcover, if the debt is old or if you are, or may become, bankrupt.

Learn where to get legal help and other support for debt and bankruptcy.