Debt Collector Rights Checklist

Helps you check whether a debt collector is acting lawfully and whether the debt may have prescribed, and gives you the right questions to ask in writing.

What you will need

Name of the collector or agency (text): Ask for their Council for Debt Collectors registration number.
Date of your last payment or written acknowledgement of this debt (date): If you are not sure, write your best estimate and ask the collector for a statement.
What has the collector done? (text): Tick: calls at night or Sunday, threats of arrest, contacting your employer or family, visiting your home, abusive language.
Have you received a summons? (text): Yes or No.

How it works

years = (today - last_payment_date)/365. If years >= 3 and no court judgment and no acknowledgement since: show 'This debt may have prescribed. Under the National Credit Act a collector may not collect or re-activate a prescribed credit agreement debt. Get advice before paying anything or signing an acknowledgement.' If conduct includes threats of arrest: show 'Owing money is not a crime; a collector cannot have you arrested for a debt.' If conduct includes calls at unreasonable hours, abuse or contacting employer or family to shame you: show 'This may be improper conduct; you can complain to the Council for Debt Collectors.' If summons_received = Yes: show 'Do not ignore the summons; there is usually a short deadline to defend. See the summons guide today.' Always output a written request: collector registration number, full statement of account, copy of the original agreement, and proof of who owns the debt.

What you get

Possible prescription
Conduct concerns
Draft request to the collector

What it means

Old debts may no longer be claimable, but the rules are technical, so check before paying.
You can owe money and still have the right to be treated lawfully and with respect.
The collection looks lawful; an NCR-registered debt counsellor can help if you cannot afford repayments.

Next step: Want help interpreting this? Speak to an NCR-registered debt counsellor (check their NCR registration number) or Legal Aid SA; complaints go to the Council for Debt Collectors or the National Credit Regulator.

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