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My debt is out of control

How to stop the cycle and start a plan

Thousands of Australians resolve serious debt situations every year, many with debts larger than yours. There are formal hardship protections in Australian law, free professional help through the National Debt Helpline, and options most people don't know about. Here's how to start.

Need to talk to someone? 1800 007 007 — National Debt Helpline, free and confidential.

Where are you?

Your state

We'll show you local numbers, services, and rights specific to your state.

What to do now

Check off each step as you go. Your progress is saved.

1

Stop borrowing

Today

The first step is to stop the cycle. No new credit cards, no payday loans, no borrowing from friends. If you're using credit to pay credit, it's time to break the pattern. Cut up the cards if you need to — you can always get new ones later.

2

List every debt you owe

Today

Write down every debt: who you owe, how much, the interest rate, and the minimum payment. Include everything — credit cards, personal loans, buy now pay later, money owed to family, car finance, everything. You can't make a plan until you see the full picture.

3

Call the National Debt Helpline

Today

Call 1800 007 007 and speak to a free financial counsellor. They see situations like yours every day. They can talk through your options, help you apply for hardship programs, coach you on what to say to creditors, and refer you to a face-to-face financial counsellor who can negotiate on your behalf. This call is the single most important thing you can do.

4

Know your debt collector rights

Read now

If debt collectors are calling, know this: they cannot harass you, they can only call at certain times, you can request communication in writing only, and you can dispute the debt. See the debt collector rights section below. You have more power than you think.

5

Apply for hardship on every regulated debt

This week

Banks, credit cards, personal loans, energy, phone: all must consider a hardship request and respond. Call each one and ask for hardship assistance. They may pause repayments, reduce interest, waive fees, or extend terms. You have a legal right to ask, and they must genuinely consider your request.

6

Check for debts that may be too old to enforce

Ask your financial counsellor

Some old debts may be too old to enforce. For most unsecured debts the limit is 6 years (3 in the Northern Territory) from when you fell behind, or from your last payment or written acknowledgement if that was later. Mortgages and court judgments have longer limits. The debt isn't wiped: a creditor can still start court action, and you have to raise the time limit as a defence, so never ignore court papers. While the time is still running, even a small payment or a written admission can restart it, and asking for a statement of 'your' debt can count. In NSW, a payment after the limit has passed doesn't bring the debt back; other states may differ. Debts this old are rare. If a debt might be that old, talk to the National Debt Helpline (1800 007 007) before you pay anything or put anything in writing.

7

Consider formal options (if needed)

After speaking to a counsellor

For serious debt, there are formal options: a Debt Agreement (Part IX) lets you pay back a portion of your debts over time. Bankruptcy has serious long-term consequences. A financial counsellor will help you understand if either is right for your situation — never make these decisions alone.

Free tool

Hardship Helper

Create a clear, professional hardship letter you can send to your bank, energy, water, telco, the ATO, or your insurer, plus a step-by-step action plan with phone numbers and scripts.

Generate your letters
The full guide

Your rights, who to call, and free services — everything in one place.

Your rights

Credit & loan rights

Right to apply for hardship variation

You can apply for a hardship variation on any loan, credit card, car finance, or mortgage. Since June 2025, buy now pay later services like Afterpay and Zip are also covered. Call your lender's hardship team (not general customer service) and tell them you're experiencing financial hardship and would like to discuss your options.

21-day response requirement

Your lender must respond to your hardship notice within 21 days. If they need more information, they must request it within 21 days, then respond within 21 days of receiving it. NAB was fined $15.5 million in 2025 for failing to respond to 345 hardship customers — this law is enforced.

Genuine consideration

Your lender must consider your request and respond within about 21 days. If they say no, they must tell you why in writing and how to complain to AFCA. Options you can ask for include reduced repayments, a repayment pause, an interest rate freeze, fee waivers, or a longer loan term.

No enforcement during assessment

If you give your lender a hardship notice, they cannot START court enforcement until they have given you a written decision saying you have not agreed, and 14 days have passed since that notice. They can still send a default notice in the meantime, and can still take mortgaged goods if they reasonably believe you are disposing of them or urgent action is needed to protect them. The protection does not apply if you gave a hardship notice on materially the same basis in the previous four months. Ask them, in writing, to pause collection activity while they assess it.

How a hardship arrangement shows on your credit report

When you enter a hardship arrangement, a note appears on your credit report, and it's removed 12 months after the arrangement ends. A default listing, on the other hand, stays for 5 years and seriously damages your ability to borrow. Asking for help early is one of the best ways to avoid a default.

Options you can ask for

You can ask your lender to extend the loan term, reduce or defer repayments, pause interest, waive fees, or restructure the debt. In severe cases, part of the debt may be written off. Fee waivers and reduced repayments are the most common forms of help.

Free complaint to AFCA

If your lender refuses your hardship request or offers inadequate help, you can lodge a free complaint with the Australian Financial Complaints Authority. AFCA can order the lender to vary your contract, refund fees, reverse interest charges, and award compensation up to $631,500 for direct loss.

Debt collector rules

They should say who they are

Debt collectors should tell you who they are, who they're collecting for, and the amount owed. They must check they're speaking to the right person, and shouldn't pursue you unless they have reasonable grounds to believe you owe it.

No harassment or intimidation

Collectors cannot use threats, aggressive language, or intimidation. They cannot imply criminal consequences for unpaid debt (most debts are civil, not criminal).

Limits on contact frequency

The guideline recommends no more than 3 contacts a week or 10 a month for each account (calls, texts, emails and letters all count). No calls before 7:30am or after 9pm on weekdays, before 9am or after 9pm on weekends, and none on national public holidays.

Right to request written communication only

You can tell a collector you only want to communicate in writing. This gives you time to think, get advice, and have a paper trail.

No contact at work (if requested)

You can tell a collector not to contact you at your workplace. If you ask them to stop and give them another way to reach you, they should stop.

Right to dispute the debt

If you say the debt isn't yours, was never owed or is already paid, the guideline says collection should stop until they confirm it. You can ask for copies of the contract and statements, and they should send them without unreasonable delay.

Debts that may be too old to enforce

Debts have a time limit (usually 6 years; 3 years in the Northern Territory), counted from when you fell behind, or from your last payment or written acknowledgement if that was later. After it passes, the creditor can't win in court if you rely on the time limit, though they may still contact you. While the time is still running, a payment or a written acknowledgement of the debt can restart it. In NSW, paying after the time limit has passed doesn't bring the debt back; other states may differ.

Complaint to AFCA, ASIC or ACCC

If a debt collector breaches these rules, you can complain for free to AFCA (banks and lenders), and report the collector to ASIC (credit and loan debts) or the ACCC (phone, utility and other debts); neither resolves individual disputes. For phone, internet, energy or water debts you can also complain for free to the TIO or your state's energy and water ombudsman. You can also complain to your state's fair trading body.

Who to call

Tap any number to call directly. Tell them you're experiencing financial hardship.

Banks & lenders

AMP Bank

13 30 30

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Angle Auto Finance

1300 561 869

What to say: Ask for Financial Hardship Assistance (call, the webform at angleauto.com.au/financial-hardship, or email) and request reduced repayments, a repayment holiday, or support to sell or voluntary-surrender the vehicle; confirm the contract number starts with a number (Angle Auto Finance, regulated) not a letter (the separate, unregulated Angle Finance).

ANZ

1800 351 548

What to say: Ask for the Financial Wellbeing Assist team and lodge a hardship notice (ANZ Specialist Customer Connect is the dedicated family-violence/financial-abuse specialist team, not the general hardship line - see notes for its number).

Your right: Must respond within 21 days. If they refuse, you can escalate to AFCA for free.

ANZ Plus

1800 252 845

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Athena Home Loans

13 35 35

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Australian Military Bank

1800 855 810

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Bank Australia

132 888

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Bank of Melbourne

1800 600 266

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Bank of Sydney

13 95 00

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

BankSA

1800 679 461

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Bankwest

1300 769 173

What to say: Ask for the Financial Assist team and lodge a hardship notice; as a financial counsellor call the Financial Assist Represented team instead.

Bendigo Bank

1800 652 146

What to say: Ask for the Mortgage Help Centre (it handles all retail lending hardship - home loans, personal loans, cards, overdrafts - despite the name) and lodge a hardship notice.

Beyond Bank Australia

08 7201 2403

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

BOQ (Bank of Queensland)

1800 079 866

What to say: Ask for the Customer Assistance Team (Financial Difficulty Assistance) for loans, or the dedicated credit card hardship line for BOQ credit cards, and lodge a hardship notice.

Cash Converters

13 22 74

What to say: Ask for the hardship team and lodge a hardship application (phone, email customer.service@cashconverters.com or the online contact form), and ask for the review date.

Your right: Cash Converters must respond to hardship applications and work with you on appropriate relief. They have responsible lending obligations. If they failed to assess your capacity to repay at the time of lending, you may have grounds for a complaint to AFCA or ASIC.

Commonwealth Bank

1300 720 814

What to say: Ask for the Financial Assist team (ongoing difficulty line 1300 720 814; ask separately for the short-term/missed-repayment line) and lodge a hardship notice for the affected loan or card.

Your right: CBA must consider your hardship request and respond, generally within about 21 days.

Credit24

1300 293 000

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Fair Go Finance

1300 324 746

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Firstmac

1300 784 434

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Great Southern Bank

1800 110 440

What to say: Call 1800 110 440 and select option 2 for the Financial Assistance Team and lodge a hardship notice.

Harmoney

1300 042 766

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

HSBC Australia

1300 555 988

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Hume Bank

1300 004 863

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

humm group

1300 115 533

What to say: Ask for the hardship team and lodge the online hardship help form (humm90) or the online Financial Hardship form (humm Classic), then call to confirm receipt.

IMB Bank

133 462

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

ING

1300 349 166

What to say: Call 1300 349 166 and choose option 4 for the Financial Support Team (Financial Hardship Support program) and lodge a hardship notice.

Your right: Must genuinely consider your hardship request and respond within 21 days.

Jacaranda Finance

1300 189 823

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Judo Bank

No hardship phone listed. Contact them through their website

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Kogan Money

1800 133 397

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

La Trobe Financial

1800 620 639

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Latitude Financial

1800 220 718

What to say: Ask for Hardship Care and lodge the online Hardship Care application (about 20 minutes) so the 21-day clock starts in writing.

Liberty Financial

13 11 33

What to say: Ask for the financial hardship team and request the Financial Hardship Form (downloadable from the page) or email help@liberty.com.au with a statement of income and expenses.

Macquarie Bank

02 8550 5686

What to say: Ask for the financial assistance team (Macquarie calls it "financial assistance", not hardship) and lodge a hardship notice; applying via Online Banking or the app is their preferred route.

Your right: Must respond to hardship notices within 21 days.

ME Bank

1300 500 520

What to say: Call the Customer Assistance Team for hardship help. If you have an ME credit card, ask them which team handles it; if they say Bank of Queensland (BOQ), BOQ's hardship team is listed under BOQ.

MoneyMe

1300 669 059

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

MyCard

1800 722 879

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

NAB

1800 701 599

What to say: Ask for NAB Care (ongoing hardship) or NAB Assist (short-term payment help) and lodge a hardship notice.

Your right: Must assess your situation and respond, generally within about 21 days.

Newcastle Greater Mutual Group

02 4927 4374

What to say: Ask for the Customer Assist team of the brand the loan is with (Newcastle Permanent on the main line, Greater Bank on the alternate line) and lodge a hardship notice.

Nimble

133 156

What to say: Ask for the hardship team and request a hardship arrangement in writing; Nimble publishes a financial-position-for-hardship form to accompany it.

Your right: Nimble must respond to hardship notices, generally within about 21 days, and work with you on a revised arrangement if you cannot meet your current obligations. They must not engage in unconscionable conduct or apply unreasonable fees. If they refuse your request, escalate to AFCA.

Nissan Financial Services Australia

1300 613 182

What to say: Ask for financial hardship assistance for a car finance repayment (or email hardship@nissan.com.au) and request a hardship arrangement.

P&N Bank / BCU

1300 591 276

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

PayPal Pay in 4

+61 2 8223 9500

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

People First Bank

13 11 82

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Pepper Money

1800 185 914

What to say: Ask for the Customer Assist team (Pepper Assist) and request a hardship arrangement, or lodge the online hardship form on the page.

Plenti

02 8349 2276

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Police Bank

131 728

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Qudos Bank

1300 747 747

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Rabobank Australia

1800 025 484

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Regional Australia Bank

132 067

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Resimac

1300 793 741

What to say: Ask for the Financial Assistance team and request the Statement of Financial Position form; state the arrangement you want in the request.

St.George

1800 629 795

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Suncorp Bank

1800 225 223

What to say: Ask for the Customer Assist team (Financial Difficulty) and lodge a hardship notice.

Sunshine Loans

07 5646 5969

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Teachers Mutual Bank group

1800 862 502

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Toyota Finance Australia

137 200

What to say: Lodge the online hardship application via Toyota Finance Online (the page's only published channel) and ask the Customer Solutions Centre to confirm receipt and the 21-day date.

UBank

13 30 80

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Unloan

1800 979 645

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Virgin Money Australia (banking)

1800 701 997

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Wallet Wizard (Credit Corp)

1300 494 105

What to say: Ask for the hardship team on the dedicated hardship line and request a hardship arrangement under the National Credit Code (their FAQ tells customers they have this right).

Westpac

1800 067 497

What to say: Ask for Westpac Assist and lodge a hardship notice; as a financial counsellor go straight to the Customer Partnerships team instead.

Your right: Must respond to hardship applications within 21 days and offer genuine alternatives if they decline.

Wisr

1800 240 008

What to say: Ask for the financial hardship team and lodge a hardship notice for the affected loan or card; ask for the decision in writing.

Energy providers

AGL

131 245

What to say: Ask to be put through to the Staying Connected hardship program (NSW/QLD/SA/WA) and for a tailored payment plan on the account.

Your right: Under the National Energy Retail Law, AGL must not disconnect you while you're on a hardship plan and meeting your obligations.

Alinta Energy

1300 282 613

What to say: Ask for the hardship team and 'additional payment assistance' (Alinta's tailored hardship tier) for a NSW residential account.

Your right: Must work with you on flexible payment options and not disconnect while you're on the hardship program.

EnergyAustralia

1800 558 643

What to say: Ask for the EnergyAssist team (financial counsellors can call the EnergyAssist line directly on the customer's behalf) and request the account be moved off standard credit and collection.

Your right: EnergyAustralia must assess your capacity to pay and set affordable repayment amounts.

Origin Energy

13 24 61

What to say: Ask for the Power On program (Origin's hardship program for ACT/NSW/NT/QLD/SA/WA) and an affordable Power On repayment plan.

Your right: Origin must work with you on payment options, including direct Centrepay billing, and cannot disconnect you while you are keeping to an agreed payment plan (in NSW, QLD, SA, TAS and the ACT). Talking to the hardship team is not itself a protection — get the plan agreed.

Red Energy

1800 723 749

What to say: Ask for the Customer Care team and entry to the Customer Care Program (Red's hardship program); short-term relief is the Payment Assist program.

Your right: Must work with you on a manageable payment arrangement.

1st Energy

1300 426 594

What to say: Ask for the Hardship Program (1st Energy assesses within 5 business days and confirms acceptance within 10) and for EAPA vouchers to be applied to the account.

CovaU

1300 855 038

What to say: Ask for the specially trained hardship staff on the hardship line and entry to the Hardship Program (CovaU reviews the energy plan on entry).

Dodo Power & Gas

1300 374 757

What to say: Ask to be assessed for the Energy Assistance Program (Dodo's hardship program) and for a short- or long-term arrangement based on what the customer can afford.

ENGIE (formerly Simply Energy)

13 88 08

What to say: Ask for the Bill Assist hardship program (ENGIE assesses applications within 2 business days) and a tailored long-term payment plan.

GloBird Energy

133 456

What to say: Ask for the Hardship Program (flexible arrangement based on debt, ongoing use and capacity to pay) and for EAPA vouchers to be applied.

Kogan Energy

1300 005 123

What to say: Ask for hardship assistance under the Powershop Hardship Policy (Kogan Energy is retailed by Powershop Australia) and a payment arrangement on the outstanding balance.

Momentum Energy

1300 662 778

What to say: Ask for the staff 'specifically trained to handle hardship enquiries' and a payment plan under the Payment Assistance Policy (NSW/QLD/SA/ACT/Bass Strait Islands).

Nectr

1300 111 211

What to say: Ask for the Be Supported hardship program and a tailored payment plan on the NSW account.

OVO Energy Australia

1300 937 686

What to say: Ask for the OVO hardship program team and a payment plan; OVO will not change the plan or shorten the collection cycle without the customer's agreement.

Powershop

1800 515 313

What to say: Ask for the Payment Help team and access to Powershop's Hardship Program 'ON'.

Sumo

13 88 60

What to say: Ask for Bill Assist (Sumo's hardship program) and a payment plan of smaller, more frequent instalments.

Tango Energy

1800 010 648

What to say: Ask for the Customer Assistance program (Tango's hardship program, open to customers with no arrears too) and a sustainable payment arrangement.

Phone & internet

amaysim

1300 808 300

What to say: Ask for the Credit Services Team (or email credit@amaysim.com.au) and request a financial hardship arrangement.

Aussie Broadband

1300 880 905

What to say: Ask customer service to raise a Financial Hardship ticket to the Accounts Receivable team (or email hardship@aussiebb.com.au) and request a payment plan or other support under the Financial Hardship Policy.

Belong (Telstra sub-brand)

1800 979 544

What to say: Ask for the Payment Assistance team and request a payment arrangement over time, or email paymentassistance@team.belong.com.au.

Boost Mobile

125 8881

What to say: Ask for payment assistance under Telstra's Payment Assistance Policy (Boost customers are eligible for all Telstra support options), or go via Telstra 13 22 00 and say 'payment assistance'.

iiNet

13 22 58

What to say: Ask to lodge a Financial Hardship application (or use the web form at iinet.net.au/chat/financialhardship) and request a payment arrangement, plan downgrade, moratorium or late-fee waiver.

Your right: Must consider your hardship request and work with you on a payment arrangement.

Optus

1300 308 839

What to say: Ask for the Advocacy Assist team and a Payment Assistance application (tailored plan, payment extension, product transfer, discount/credit/debt waiver or spend controls).

Your right: Must consider your hardship request and work with you on a payment arrangement before taking any restriction or disconnection action.

Telstra

13 22 00

What to say: Call 13 22 00 and say 'payment assistance', and ask for a payment plan, Bill Assistance credit or pre-paid Top-Up under the Telstra Payment Assistance Policy.

Your right: Telstra must consider your hardship request and work with you on a payment arrangement, and must not disconnect while you're engaging in good faith.

TPG (brand)

1300 056 356

What to say: Ask to lodge a Financial Hardship application (or use the web form at tpg.com.au/services/financialhardshipform) and request a payment arrangement, plan transfer, moratorium or late-fee waiver.

Vodafone (TPG Telecom)

1800 185 289

What to say: Ask for the Financial Hardship team (postpaid) or Payment Assistance (prepaid, dial 1555 from the handset) and request a payment arrangement, plan transfer, moratorium or late-fee waiver.

Vodafone / TPG

1800 185 289

What to say: Ask for 'financial hardship help'. They can set up a payment plan, reduce your plan cost, or apply credits.

Your right: Must work with you on an affordable payment arrangement before disconnection.

Free services and support

These organisations provide free, professional help. Tap any number to call.

See services near you — select your state above to show local services alongside national ones.

Financial counselling

National Debt Helpline

Free, independent, and confidential financial counselling. Call to speak to a qualified financial counsellor.

1800 007 007Website
Mon-Fri 9:30am-4:30pm (local time)Anyone with debt or financial difficulty

Financial Counselling Australia

Peak body for financial counsellors — find a financial counsellor near you via their directory. Its number is the National Debt Helpline

1800 007 007Website
Mon-Fri 9:30am-4:30pmAnyone seeking free financial counselling

Salvation Army Moneycare

Free financial counselling including budgeting, debt management, and Centrelink appeals

1800 722 363Website
Mon-Fri 9am-5pmAnyone in financial difficulty

Good Shepherd No Interest Loans (NILs)

No-interest loans paid to the supplier: up to $2,000 for essentials like appliances, car repairs or a laptop, or $3,000 for bond on a new rental. Not for cash, bills, rent or debts.

13 NILS (13 64 57)Website
Varies by local providerHealth Care Card or Pension Card holders, or people earning under $70,000 (single) or $100,000 (with a partner or dependants), or who have experienced family violence in the last 10 years

Looking for more? Browse the full service directory

Common questions

Generally, no — not without a court order. A debt collector cannot seize your home just because you owe money. They would need to sue you, obtain a judgment, then apply to the court for an enforcement order. Even then, courts are reluctant to force the sale of a family home for unsecured debts like credit cards. Secured debts (like your mortgage) are different — the lender has a registered interest in the property and can repossess after following the required default process. If you're worried, call the National Debt Helpline on 1800 007 007.
A debt isn't written off by time. It may become too old to enforce. For most unsecured debts the limit is 6 years (3 in the Northern Territory) from when you fell behind, or from your last payment or written acknowledgement if that was later. Mortgages and court judgments have longer limits. The debt isn't wiped: a creditor can still start court action, and you have to raise the time limit as a defence, so never ignore court papers. While the time is still running, even a small payment or a written admission can restart it, and asking for a statement of 'your' debt can count. In NSW, a payment after the limit has passed doesn't bring the debt back; other states may differ. Debts this old are rare. If a debt might be that old, talk to the National Debt Helpline (1800 007 007) before you pay anything or put anything in writing.
A hardship variation is a change to the terms of your loan or credit contract because you're experiencing financial difficulty. You have a legal right to apply for one on any regulated credit product: credit cards, personal loans, car finance, mortgages. Your lender must respond, generally within about 21 days, and genuinely consider options like reducing repayments, pausing interest, waiving fees, extending the loan term, or restructuring the debt. They don't have to say yes, but they must consider your request. If they refuse unreasonably, you can complain to the Australian Financial Complaints Authority (AFCA).
No. You cannot go to jail for failing to pay a debt in Australia. Unpaid debts are a civil matter, not a criminal one. If a debt collector implies otherwise, they are breaking the law — the ACCC/ASIC Debt Collection Guideline prohibits collectors from threatening criminal consequences. The only exception is deliberately fraudulent behaviour (taking out credit with no intention to repay), which is extremely rare and requires separate criminal prosecution. If anyone threatens you with jail over a debt, report them to ASIC.
A Debt Agreement (Part IX) lets you repay a portion of your unsecured debts over 3-5 years, usually at a reduced amount. You keep your assets but must meet income and debt thresholds. Bankruptcy is a more serious step — most unsecured debts are written off, but you may lose assets like property or vehicles above certain thresholds, and it stays on your credit file for 5 years from the date you became bankrupt, or 2 years from when the bankruptcy ends, whichever is later — and your name stays on the National Personal Insolvency Index, a public register, permanently. Both are formal insolvency processes administered by AFSA. Never enter either without speaking to a free financial counsellor first — call 1800 007 007.
Call the National Debt Helpline on 1800 007 007 (weekdays 9:30am-4:30pm). You'll speak to a qualified financial counsellor, not a salesperson or debt management company. They can explain your options (debt agreements, bankruptcy), help you apply for hardship programs, check whether debts may be too old to enforce, coach you on what to say to creditors, and refer you to a face-to-face financial counsellor who can negotiate on your behalf or to legal help if needed. It's completely free, independent, and confidential. You can also use TEKVA's free Hardship Helper to create a clear, professional hardship letter you can send to your provider.
If you stop paying, your creditor will typically send reminder notices, then a default notice (giving you 30 days to catch up). After that, the debt may be referred to a debt collector or sold to a debt buyer. Your credit score will be affected and the default will stay on your credit report for 5 years. The creditor can also take legal action through the courts. However, you have rights throughout this process — and there are almost always better options than simply ignoring the problem. A free financial counsellor can help you negotiate reduced repayments, hardship arrangements, or formal debt resolution.
Start by calling your bank's hardship team. You have a legal right to request a hardship variation, and the bank must consider it and respond. Banks may reduce your interest rate, pause repayments, waive fees, or restructure your debt. If you have multiple credit cards, a face-to-face financial counsellor can help you work out an order and negotiate with all your creditors at once. Call the National Debt Helpline on 1800 007 007, or use TEKVA's free Hardship Helper to create a hardship letter for each bank.

Last updated: 8 September 2026. This guide is for general information only and is not financial or legal advice. For personalised help, call the National Debt Helpline on 1800 007 007.

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Financial counselling at TEKVA is delivered by an FCAN-registered Financial Counsellor. Financial capability support is provided by a Financial Capability Worker, whose scope is capability support only — no credit advice or creditor negotiation. Credit advice and creditor negotiation sit with our Financial Counsellor. We also provide practical support and referral coordination, and connect people with crisis services where they need them. We do not provide AFSL-licensed financial product advice, legal advice, or insolvency advice. Where another service is the better fit, we'll help connect you with community services, tenancy help or specialist legal support.

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