GUIDE · YOUR RIGHTS
Debt collectors in Australia have to follow consumer law and the ACCC/ASIC Debt Collection Guideline. This guide sets out what they’re allowed to do, what they’re not, and what you can do if a collector crosses the line.
UPDATED 15 NOVEMBER 2026
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What debt collectors can do
Contact you to ask for payment, discuss the debt or arrange a payment plan.
Phone, email, text or write to you, within set hours and limits.
Refer the debt for legal action if you don’t pay. You’d receive court documents and have a chance to respond before any judgment.
What they can’t do
Harass you, use abusive language or threaten you.
Mislead you about how much you owe or what will happen if you don’t pay.
Pretend to be a lawyer, a court or a government agency.
Tell your family, employer or neighbours about the debt without your permission.
Visit you without good reason, or stay when you ask them to leave.
Contact you more often than is reasonable.
When and how often they can contact you
Guideline limit
Phone, weekdays
7.30am to 9pm
Phone, weekends
9am to 9pm
Face to face
9am to 9pm, no more than once a month, and only if other contact hasn’t worked
National public holidays
No contact
How often
No more than 3 times a week, or 10 times a month
You can ask a collector to contact you only in writing, or not at work, and they should respect that where it’s reasonable.
Statute-barred debts
Each state sets a time limit for taking a debt to court. In most states it’s six years from when the debt fell due, or from your last payment or written acknowledgement of the debt. In the Northern Territory it’s three years.
Once that time has passed, the debt is statute-barred. A collector can still ask you to pay, but they shouldn’t threaten court action, and you’d have a defence if they tried. While the time limit is still running, a payment or a written acknowledgement can restart it, so get advice before you do either.
If you’re struggling to pay
Tell the collector as early as you can, and ask for a payment plan or time to get advice. Free, confidential financial counselling is available:
National Debt Helpline on 1800 007 007, for individuals
Small Business Debt Helpline on 1800 413 828, for sole traders and small business owners
How to complain about a debt collector
Complain to the collector in writing first, and keep a record of every contact.
If that doesn’t fix it, contact the ACCC, or ASIC if the debt is for a loan or credit card.
You can also contact the fair trading body in your state, or the Australian Financial Complaints Authority (AFCA) if the collector is a member.
Frequently asked questions
Can a debt collector come to my house?
Only as a last resort, if you haven’t responded to other contact, and no more than once a month between 9am and 9pm. If you ask them to leave, they must go.
Can a debt collector contact my employer?
They shouldn’t discuss your debt with your employer without your permission. They can contact you at work, but you can ask them not to.
What happens if I ignore a debt collector?
The debt doesn’t go away. The business you owe may file a court claim, and a judgment can be enforced. It’s usually better to respond, even if only to dispute the debt or ask for time.
Does a debt go away after 7 years in Australia?
No. There’s no 7-year rule. Most debts become statute-barred after six years, or three in the Northern Territory, which limits court action but doesn’t erase the debt.
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