Do i need to spend a debt that is old? If your financial obligation collector has expected you to definitely spend a financial obligation that

Do i need to spend a debt that is old? If your financial obligation collector has expected you to definitely spend a financial obligation that

Debt collection – Old Debts

is significantly more than six yrs . old (or three years into the north Territory) it’s crucial to understand your legal rights.


You might not have to cover a vintage financial obligation if you have made your last re re payment a lot more than 6 years back (or three years ago within the north Territory). This is certainly called a statute banned financial obligation. In cases where a financial obligation is statute banned this means you have got a defence if some body commences appropriate action against one to recover your debt.

How to handle it in the event that you owe your debt

May be the financial obligation statute banned?

  • You’ve got perhaps perhaps not produced re payment
  • you have got not acknowledged your debt on paper
  • No court judgment happens to be entered against your

Various rules make an application for financial obligation guaranteed by home financing over genuine home (for instance, mortgage). Ring us if you’re being debt gathered for the mortgage debt that is old.

dining dining dining Table of limitation durations by State or Territory

State/Territory Limitation period
Australian Capital Territory 6 years
brand brand brand New Southern Wales 6 years
north Territory 36 months
Queensland 6 years
South Australia 6 years
Tasmania 6 years
Victoria 6 years
Western Australia 6 years

How will you verify that there clearly was a court judgment ?

What direction to go in case a financial obligation collector states you need to spend a classic debt

If you would imagine it might become more than 6 years (or three years for north Territory) because you past made a payment or acknowledged your debt written down then:

  • don’t produce a re re re re payment
  • don’t agree you borrowed from your debt (relate to the financial obligation whilst the “alleged” financial obligation)
  • Do ask your debt collector to present copies for the contract and also the account statements
  • Do ask your debt collector whether they have a court judgment . When they do require details including court quantity, date obtained, which court and also the number of the judgment . Talk to the Court that the judgment is acquired.
  • Do keep notes of most phone conversations and any letters/emails gotten or delivered.
  • Get advice by calling us on 1800 007 007.

Simple tips to demand documents

A right is had by you to request copies of this papers that your debt collector is depending on to show your debt a financial obligation.

You can make use of this page template to request documents in order to verify that your debt might be statute barred .

With respect to the financial obligation being reported you may have to request other papers. Give us a call on 1800 007 007 in the event that you need help with this particular.

Let’s say I think your debt is statute banned additionally the financial obligation collector doesn’t concur?

The financial obligation collector should explain why it doesn’t concur your debt is statute banned . Ring us to have some advice as to perhaps the financial obligation might be statute barred .

The decision can be had by you associated with financial obligation collector evaluated through outside dispute quality more often than not. This can be done free of charge in the event that financial obligation collector is an associate of a outside Dispute Resolution Scheme (EDR).

In the event that debt collector does concur your debt is statute banned

Be sure it is had by you written down through the financial obligation collector. If you don’t get it in composing place it written down to your financial obligation collector. State “I concur that you have got agreed the debt that is alleged statute barred .”

Let’s say your debt collector is threatening appropriate action or has commenced action that is legal?

  1. Lodge a dispute in a dispute quality scheme (in the event that financial obligation collector is really user). The dispute quality scheme will then determine the dispute; or
  2. contact us to obtain a referral for legal counsel to find help lodge a defence in court (in the event that financial obligation collector is certainly not an associate of a dispute quality scheme).

Just exactly What do i really do if your debt collector includes a court judgment?

dining dining dining dining Table of limitation durations by State or Territory

You may feel overrun, however you have actually choices and you can find actions you can take your self. But if you think you’ll need a little more guidance or need assistance quickly, just give us a call.

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