Last checked: 19 October 2026, against the ACCC and ASIC Debt Collection Guideline (RG 96) and the current Acts on the Federal Register of Legislation.
Debt collectors in Australia can ask you to pay what you owe, offer a payment plan and, by following the court process, sue you. They can't harass, threaten or mislead you, tell someone else about your debt or take things that aren't security for it without a court order. Regulators' guidance says calls regarding the debt should only be made between 7:30 am and 9 pm on weekdays.
If you have an outstanding debt and calls from unknown numbers make your stomach drop, you're not alone. "Will they ever stop calling me?" is one of the first things people ask us.
The answer starts with knowing which calls a collector is allowed to make.
In this article
Collecting a debt is legal, but bullying you into paying is not.
The Australian Consumer Law (s 50) and the Australian Securities and Investments Commission Act 2001 (Cth) (s 12DJ) prohibit using physical force, undue harassment and coercion when chasing payment.
| Debt collectors can | Debt collectors can't |
|---|---|
| Phone, write, email or text you to ask for payment. | Harass, threaten or use force against you. |
| Offer a payment plan, or settle for a lump sum. | Mislead you about what you owe or what will happen if you don't pay. |
| Ask why an agreed plan was missed. | Tell your family, neighbours, boss or co-workers about your debt. |
| Repossess goods you put up as security, like a financed car, by following the correct process. | Take things that aren't security for the debt without a court order. |
| Take you to court, and enforce a judgment if they win. | Say you'll be jailed or reported to police when no crime is involved. |
| Buy your debt from the original lender and chase it themselves. | Pressure you to borrow more, use your super, or pay a lump sum before discussing a plan. |
Some of these rules come straight from the law, while others are from the regulators' guideline, which the AFCA can take into account when it considers a complaint.
The Debt Collection Guideline from the ACCC and ASIC isn't law on its own, but contact that goes well beyond it can be considered undue harassment, which is.
| Type of contact | What the guideline says |
|---|---|
| Phone calls | Weekdays between 7:30 am and 9 pm, and weekends between 9 am and 9 pm. None on national public holidays. Your local time applies. |
| Visits in person | A last resort only, between 9 am and 9 pm, and generally no more than once a month. |
| Contact at work | Your normal working hours, or 9 am to 5 pm on weekdays if they don't know them. |
| How often | No more than 3 times a week or 10 times a month. |
The limit only counts contact that actually happens, although a stream of auto-dialled missed calls can still be considered harassment. It applies per account, so five debts with collectors can mean you receive more calls.
You can ask to be called at different times, or request that a collector stops using one method if you give them another, like email. The guideline says they should respect reasonable requests.
Your work. Collectors should think twice before calling your work switchboard, and offer to call you back elsewhere. Visiting your workplace is a last resort, and they must never tell co-workers they’re there regarding a debt.
Your family. Family members aren't responsible for your debt unless they signed for it, like a guarantor, for example. Collectors must not pressure them or suggest they should pay on your behalf.
Your home. Collectors should generally ask before visiting, and if you refuse they must not come. If you ask them to leave, they must go straight away. These limits don't apply to visits to repossess goods you put up as security, serve court papers, or enforce a court order.
They can, but not paying a debt isn't a crime unless there’s fraud or another offence involved, and a collector cannot suggest that it is.
If you receive court papers, it’s a good idea to seek legal advice straight away. MoneySmart warns that ignoring them puts your goods at risk of being repossessed and sold.
If you say the debt isn't yours, was never incurred or has already been paid, the guideline says that collection should pause while they check. You don't have to prove you don't owe the debt.
Before you pay or agree to anything, check:
If your debt was sold, the buyer can chase it, but you should be told about the sale in writing. For loans and credit cards, you keep the same rights against the buyer as against the original lender (Code s 188).
If the debt is very old, it may be "statute-barred." The guideline says that the time limit for court action is usually six years (three in the Northern Territory), counted from when the right to sue arose or from when you last acknowledged the debt (by making a payment, for example). Different rules can apply to a home loan.
Threatening to sue over a statute-barred debt may be misleading. The National Debt Helpline suggests that you shouldn't pay or agree you owe an old debt until you get advice on the issue. In some states, paying or agreeing can restart the clock, even after the time limit has passed.
You don't have to decide anything on the spot. Be sure to keep notes of the date, time, name of who called you and what was said.
"Can I have your name, your company and who the debt was originally owed to?"
"Please send me the details in writing: the account number, the amount and how it was calculated."
"I'm in financial hardship. I can't agree to a payment today. I'll come back to you with what I can genuinely afford."
"I'm getting help with this. Please deal with [my financial counsellor] from now on."
The guideline says that collectors should then generally deal with your representative, not you.
Start with the free help that’s available to you.
A financial counsellor at the National Debt Helpline (1800 007 007) can help you work out what you can afford to pay and negotiate with creditors for you. Their phone lines are open weekdays from 9:30 am to 4:30 pm.
For a loan or credit card debt, you can ask the lender for a hardship change by phone or in writing (National Credit Code s 72). They generally have to decide this within 21 days, and give you the AFCA's details if they say no. The guideline says that collectors shouldn't contact you to collect while you wait for that decision.
The lender doesn't have to agree to this. A hardship arrangement can also show on your credit report for a year from each payment it covers.
If you can't meet several debts, the Bankruptcy Act 1966 (Cth) offers several formal options, each of which has real trade-offs:
All three go on the National Personal Insolvency Index, which anyone can apply to search. Secured debts like a car loan aren't dealt with the same way.
If a debt agreement goes ahead, we will ask your creditors to deal with us instead of you, but some calls may still come through while a proposal is being considered.
For the bigger picture, read our guide on How to Get Out of Debt in 2026.
The guideline says between 7:30 am and 9 pm on weekdays, and 9 am and 9 pm on weekends, your local time. Never on national public holidays.
They can, but they should offer to call you elsewhere and must never discuss your debt with co-workers.
The guideline says only as a last resort, only between 9 am and 9 pm, and generally no more than once a month. If you refuse the visit or ask them to leave, they must respect that. Visits to repossess security, serve court papers or enforce a court order are treated differently.
If the debt is yours, the buyer can collect it in the same way the original lender could. You should be told in writing that it was sold. For loans and credit cards, you keep the same rights you had with the original lender.
There's no set point. The time limit for court action is usually six years (three in the Northern Territory), counted from when the right to sue arose or from when you last acknowledged the debt (for example, by paying). Different limits apply once there's a judgment.
Not completely. A default stays on your report for five years from when it was listed, but once you pay, the credit provider that listed it must report the payment so it shows as having been paid.
If collectors are chasing you for more than you can pay, a free assessment from Beyond Debt will consider every option and what each would mean for you. That runs from asking your creditors for hardship help to a debt agreement, a personal insolvency agreement or bankruptcy.
Request your free assessment or call 1300 284 091
Feeling the strain? These tips for reducing debt stress may help.
This information is general in nature and does not constitute financial advice. Beyond Debt recommends you seek independent financial advice before making decisions about your debt.
Beyond Debt is a trading name of DCS Group Aust Pty Ltd, Registered Debt Agreement Administrator 1126, Australian Credit Licence 382607.