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Canberra Debt Collection Agency
Do you have a debt or invoices that are well overdue or remain unpaid? Has the debt been incurred in Canberra or Australian Capital Territory, then our Canberra debt collection agency can help you.
Experienced Canberra debt collection agency
Advance Canberra debt collection is an experienced collection agency who can help you get results.
We offer a range of debt collection services including sending letters of demand, making telephone contact, negotiating payments, discussing suitable payment arrangements, account status reports and much more.
Advance Debt Collection® specialise in debt recovery Australia-wide, and can save you time and money so you can focus on your day to day business.
As far as costs are concerned, we are paid a specified commission rate based on the size of the debt, this means before you proceed, you have a clear understanding of costs.
Advance Debt Collection® Services
Our professional Canberra debt collection services to you include:
I.
If after making all attempts to collect the debt, we are still unsuccessful in recovering the monies owed, the matter can be referred for legal action to Stonegate Legal. Proceedings can be issued out of the Canberra Magistrates Court located at 4-6 Knowles Place, Canberra City ACT.
II.
To commence proceedings in the ACT, for any debts up to $25,000.00, proceedings can commence in the ACT Civil and Administrative Tribunal.
A Civil Dispute Application is required to be filed and can be served upon the Respondent by court post. Once the Respondent has been deemed served, the Respondent has 21 days to pay the account in full, enter into a suitable arrangement or lodge a dispute. Failing this, you can proceed to lodge an Application for Default Judgment – Civil Dispute Form.
III.
Once Default Judgment has been obtained, you first need to register the Default Judgment in the Magistrates Court. Once the Default Judgment has been registered, you then need to send the debtor a copy of the Default Judgment along with a Form 2.49 Notice about Court Order and Enforcement Options. The Respondent is to be served via post. Once 7 days has expired since the date of service, enforcement action can proceed.
IV.
In the ACT you have a few options, firstly you could proceed with an Enforcement Hearing Subpoena. Once the Subpoena has been filed, the Court will list the matter for hearing. The Subpoena is required to be served upon the debtor at least 14 days before the hearing date. The debtor is then required to complete the notice setting out their situation and return same to the Court at least 8 days before the hearing date. At the hearing, the debtor will be asked questions about their financial situation and may be asked to supply supporting documentation. From the information gathered, an order may be made for the debtor to repay the judgment debt.
IV.
Alternatively, you may wish to proceed with a Seizure and Sale Order. Once filed, a Sheriff will attend the debtor’s premises to affect a seizure or to ascertain the status of the debtor’s assets. If successful, the Sheriff may seize goods belonging to the debtor to sell at auction in payment of the judgment debt.
V.
Another effective option would be to proceed with a Redirection of Earnings Order. Once filed, the Redirection Order is required to be served upon the debtor’s employer. Upon service of the employer, the creditor must within 5 days, serve a copy of the Redirection Order on the debtor. A Redirection Order filed and served, will operate until such time that the judgment debt is paid in full, or the debtor leaves his/her employment.
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DEBT COLLECTION FAQ
Navigating the complexities of debt collection in Canberra can be challenging for both creditors and debtors. Understanding your rights and responsibilities is crucial in ensuring a fair and lawful process. This FAQ provides essential information on the debt collection practices, legal parameters, and ethical guidelines in Canberra, ACT. Whether you're a business owner seeking to recover debts or an individual facing collection actions, these frequently asked questions will offer clarity and guidance on the debt collection landscape in the Australian Capital Territory.
What is the legal process for debt collection in Canberra?
In Canberra, the legal process for debt collection involves initially contacting the debtor to request payment. If unsuccessful, the creditor may send a formal letter of demand. If the debt remains unpaid, legal action through the ACT Civil and Administrative Tribunal or courts may be pursued.
How long does a debt collection process typically take in Canberra?
The duration of a debt collection process in Canberra varies depending on the complexity of the case. Simple cases can be resolved in a few weeks, while more complex situations might take several months or more, especially if legal action is required.
Are there any specific laws in Canberra governing debt collection?
Yes, debt collection in Canberra is governed by both federal and ACT-specific laws. These include the Australian Consumer Law, the Privacy Act 1988, and the Fair Trading Act 1992 (ACT), which set standards for fair and ethical collection practices.
Can a debt collector visit a debtor's home in Canberra?
In Canberra, a debt collector can visit a debtor's home, but they must adhere to legal guidelines. They cannot use undue harassment or coercion and must visit at reasonable times, typically during daytime hours on weekdays or Saturdays.
What are the permissible hours for debt collectors to make contact in Canberra?
In Canberra, debt collectors are typically allowed to make contact with debtors between 7:30 am and 9:00 pm on weekdays, and between 9:00 am and 9:00 pm on weekends. They are generally not permitted to contact on public holidays.
What actions are considered harassment by debt collectors in Canberra?
Actions such as excessive contact, use of threatening language, misleading about legal rights, or applying undue pressure are considered harassment by debt collectors and are against the law.
Can a debt collector garnish wages in Canberra?
In Canberra, a debt collector cannot directly garnish wages. Wage garnishment requires a court order, and only after a judgment has been made against the debtor.
What should I do if I dispute a debt in Canberra?
If you dispute a debt in Canberra, inform the debt collector in writing and provide any evidence supporting your claim. The debt collector should cease collection activities until the dispute is resolved.
Is there a statute of limitations on debt collection in Canberra?
Yes, in Canberra, the statute of limitations for debt collection is generally six (6) years from the date the debt became due or when the debtor last acknowledged the debt.
Can a debt collector add fees or interest to my debt in Canberra?
In Canberra, a debt collector can add fees or interest to a debt only if such charges were explicitly outlined in the original contract or agreement between the creditor and debtor.
What are my rights regarding privacy in debt collection in Canberra?
In Canberra, your privacy rights in debt collection are protected under the Privacy Act 1988. Debt collectors must handle your personal information lawfully and not disclose it to unauthorized parties.
How can I verify the legitimacy of a debt collector in Canberra?
To verify a debt collector's legitimacy in Canberra, ask for their company name, ABN, and contact details. You can also check if they are licensed or registered as required by ACT regulations.
What is the role of the Australian Financial Complaints Authority in debt collection in Canberra?
The Australian Financial Complaints Authority (AFCA) in Canberra provides consumers and small businesses with an independent dispute resolution service for financial complaints, including those related to debt collection.
Can a debt be sold to a third party in Canberra?
Yes, in Canberra, a creditor can sell a debt to a third party, such as a debt collection agency. However, the terms of the original contract still apply, and the debtor must be notified of the transfer.
What should I do if I can't pay my debt in Canberra?
If you can't pay your debt in Canberra, contact the creditor or debt collector to discuss alternative arrangements, such as a payment plan. It's important to communicate openly and promptly.
Are debt collectors allowed to contact my employer in Canberra?
In Canberra, debt collectors are generally not allowed to contact your employer about your debt unless they have your permission or are required to do so by law.
What happens if a debt goes to court in Canberra?
If a debt goes to court in Canberra, the court will assess the evidence and may issue a judgment. If the judgment is against the debtor, it may include orders to pay the debt, plus potentially court costs and interest.
Can I negotiate a settlement for my debt in Canberra?
Yes, in Canberra, you can negotiate a settlement for your debt directly with the creditor or through a debt collector. It's advisable to get any agreement in writing.
What is a 'letter of demand' in the context of Canberra debt collection?
In Canberra debt collection, a 'letter of demand' is a formal letter sent to the debtor requesting payment of an outstanding debt and warning of legal action if the debt is not paid.
How does bankruptcy affect debt collection in Canberra?
In Canberra, if a debtor declares bankruptcy, most unsecured debts are covered by the bankruptcy and creditors can no longer pursue collection of those debts through normal channels.
Canberra Debt Collection Agency
Our professional Canberra debt collection agency specialises in debt collection in the ACT
Trusted Canberra Debt Collection Agency
Advance Debt Collection has been delivering effective debt collection services for over 20 years, assisting businesses in Canberra and around Australia with the recovery of bad debts and improving their cash flow.
As a national agency, our Canberra-based debt collectors utilise strategic debt recovery methods to ensure timely payment of your debts, minimising costs for your business.
Our skilled team of debt collectors in Canberra also emphasises ethical and respectful practices to uphold positive relationships with creditors. Specialising in both personal and commercial debt collection, we possess the necessary expertise to efficiently manage overdue debts for businesses of varying sizes.
Contact us today to discover how we can assist you in reclaiming what is rightfully yours in Canberra.
Make an action plan to recover outstanding payments/debt
Quick, efficient, and professional debt recovery
Multiple debt collection approaches to secure your debt
No-payment policy for unsuccessful recovery
Fixed commission rate disclosed in advance for complete transparency
Locate debtors who are hiding and conduct skip trace
Deal with queries and disputes quickly and efficiently
Local - servicing Canberra & all of Australian Capital Territory
Commercial & Business Debt Collection Canberra
Our Step-By-Step Debt Recovery Process
Collect your debt in 4 easy steps.
STEP 1
Instantly submit your debt online
STEP 2
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STEP 3
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STEP 4
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