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  1. Your rights
  2. /Ask for hardship help
  3. /Collectors

Debt collectors and debt buyers

Before you pay or agree to anything, check the debt is yours and whether it may be too old to enforce. Most collectors start with questions about your income and spending, not documents, though some ask for a full statement. No rule sets a list of documents.

All of Australia. Checked 7 October 2026

At a glance

Documents to start
Few want documents first. Most ask about income and spending.
How to ask
Phone, email or online form. You can ask for proof first.
Their time to decide
No set time. Credit debts: 21 days if nothing more asked
If they say no
The debt's owner, then often AFCA, the free complaints scheme

Before you agree to anything

  • Check the debt is yours and the amount is right. You can ask for copies of the contract and statements, and the guideline says they should send them without unreasonable delay.
  • 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. Ask for proof in writing before agreeing to pay.
  • Check whether it may be too old to enforce. For most debts the time limit is 6 years, or 3 years in the Northern Territory. It usually counts from when you fell behind, or from your last payment or signed written acknowledgment of the debt if that was later. Court judgments and mortgages have longer limits.
  • While the time limit is running, a payment, or admitting the debt in writing, can restart it. A direct debit payment counts. A phone call alone doesn't restart it.
  • In NSW, once the time limit has passed, a later payment can't bring the debt back. In some other states it may. A free legal service can check the dates with you: in NSW, Financial Rights Legal Centre; elsewhere, ask the National Debt Helpline for the service in your state.

What to say

You can say

If the debt may be old, check the dates before you make any payment or admit the debt in writing.

“Please send me proof of this debt, including the date of the last payment. I'm not agreeing that I owe it until I've seen that.”
Once you've checked the debt is yours and not too old
“I can't afford to repay this right now. I'd like to set up a payment arrangement I can keep up alongside my living costs.”
  • Find the collector's hardship line and a letter

1.What you can ask for

  • The ACCC and ASIC debt collection guideline expects payment arrangements to be ones you can keep up. They should reasonably take your ongoing living costs into account.Guidance

  • Collectors should not pressure you to pay a large upfront amount before they will consider an arrangement.

  • If it's a credit debt and you've asked for hardship help under credit law, the guideline says they should not contact you to collect it until you've been told the decision.

  • You can tell a collector you only want to communicate in writing.

2.What they can ask you

  • If you say you can't afford to repay, the collector is entitled to make reasonable enquiries into your finances. The guideline doesn't set a list of documents.Guidance

  • Many collectors ask about your income, spending and debts. Some also ask about dependants or for a full statement.Their own policy

  • If you've said you can't afford to repay and you tell them you'll see a financial counsellor, they should not contact you until a reasonable time has passed.Guidance

If they ask for more

You could say
“Can you tell me what you need this information for? And can you send that request to me in writing, please?”

Ask for it in writing only to an email or address that no one else can see.

If they push for more than you can pay

You could say
“I can't agree to an amount I can't keep up. I'd like to talk to a financial counsellor and come back to you. Please put your offer in writing.”

It helps to offer only what you can keep up after rent, energy and food. You don't have to agree to an amount on the first call.

3.While they decide

  • For a credit debt, credit law's decision times apply: 21 days from your request, or longer if they ask you for information.
  • For other debts no time is published, so ask when you'll hear.
  • Ask whether you need to keep paying and whether they'll pause a direct debit while they decide.

4.If they say no

  • If they say no, ask for the reasons in writing.
  • You can complain to the business that owns the debt first. For many debts, AFCA is the next step.
  • If the debt came from a phone, internet, energy or water account, you may also be able to complain to the TIO or your state's energy and water ombudsman, if it has one. It's free.

Who can help

  • AFCA, the free complaints scheme

    1800 931 678

  • Financial Rights Legal Centre, free legal help (NSW)

    1800 844 949

  • National Debt Helpline

    Mon–Fri 9:30am–4:30pm phone, 9am–8pm live chat

    1800 007 007Live chat

  • Free financial counsellors at the National Debt Helpline explain options and coach you on what to say.

If it stays unpaid

  • The business that owns the debt may go to court to recover it, even for an old debt, so don't ignore court papers. A payment arrangement doesn't stop a court date. The National Debt Helpline or a free legal service can explain your options before it.

If you're not safe

You're in danger right now
Call 000
It isn't safe to call your creditors, or someone else controls the account, your money or your phone
Call 1800RESPECT first1800 737 732

Counselling for family violence, including financial abuse. Free and confidential, 24/7.

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When a full statement helps

  • A full statement helps if you're asking for a debt to be reduced or waived, or making a complaint.
  • A free financial counsellor can help you write down your income, spending and debts.
  • Find a financial counsellor

Sources

Where a fact has a tag, it says what backs it. The tags mean:

Law
Applies to every creditor of that type.
Industry code
The firms that signed it must follow it.
Regulator's guideline
What the regulator requires or expects.
Guidance
What's expected, not law.
Their own policy
What they say they do.
  1. Guidance. ACCC and ASIC, Debt collection guideline for collectors and creditors (RG 96), 13 Apr 2021, current. Part 1 sustainable arrangements; s1(k) reasonable enquiries once the debtor says they can't afford to repay, and the financial counsellor pause; s14(c) no contact while a credit hardship decision is pending; s14(g) no large upfront payment demand; Part 2 ss1(f), 5(f) writing only; ss11, 13 disputed debts and documents; s20 limitation; s24 and Appendix A complaints.
  2. Law. State and territory limitation Acts, including Limitation Act 1969 (NSW) and Limitation Act 1981 (NT), Checked 30–31 Aug 2026 (kb protected-money-liability-and-court-clocks.md s2). NSW s14(1)(a) 6 years; NT s12(1)(a) 3 years; acknowledgment must be in writing and signed in every jurisdiction (NSW s54(4)); part payment restarts everywhere; no revival after expiry in NSW (s54(1)), WA, NT, ACT; arguable in VIC, QLD, TAS; SA unsettled; NSW s63(1) extinguishment; defence must be pleaded (s68A).
  3. Law. National Credit Code (Schedule 1, National Consumer Credit Protection Act 2009), Compilation registered 28 Jul 2026, at 1 Jul 2026. s72(5) decision periods, for credit debts.

Checked 7 October 2026.

Someone else you owe?

  • Banks and credit cards
  • Other lenders and buy now pay later
  • Electricity and gas in NSW
  • Phone and internet
  • Money you owe an insurer
  • Life insurance premiums
  • Tax debts (ATO)
  • Centrelink debts
  • Fines in NSW
  • Council rates in NSW
  • Social housing rent in NSW

This is general information, not financial or legal advice. A creditor's own policy can be more generous than the rules here.

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