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Debt Collection New South Wales inquiry outcomes

Monday, November 17, 2014 - Posted by Philip Harvey

The NSW Government released its report into debt collection. There were 22 recommendations from the report.

Some of the key recommendations include;

  • The NSW Government introduce negative licensing for commercial agents who have no face‐to‐face contact with debtors, while positive licensing is retained for field agents.
  • Responsibility for the oversight and licensing of commercial agents and private inquiry agents be transferred from the Security and Licensing Directorate of the NSW Police Force to Fair Trading NSW.
  • That the Attorney General consult with stakeholders on the process of serving Statements of Claim by post and explore the option of allowing Creditors to serve, and debtors to respond to, Statements of Claim via electronic means.
  • The Attorney General increase the jurisdiction of the Small Claims Division of the Local Court to $30,000 and that the Small Claims Division be funded and resourced to manage the subsequent increase in cases.
  • The Civil Procedure Act 2005 be amended to ensure that a minimum balance is maintained in bank accounts that are the subject of a bank garnishee order, and that this minimum balance aligns with the net weekly amount that must be retained for debtors subject to wage Garnishee Orders.
  • That the Civil Procedure Act 2005 be amended to allow bank Garnishee Orders to operate on term deposits of Judgment Debtors, irrespective of when the term deposit falls due.
  • The Government and any performance audit strongly consider outsourcing the enforcement functions of the Office of the Sheriff.
  • The Uniform Civil Procedure Rules 2005 be amended, mindful of privacy principles, in order to: a) Allow Creditors to ascertain the whereabouts of a Judgment Debtor after Judgment has
    been made; and
    b) Allow applicants to the Small Claims Division of the Local Court to ascertain a Judgment Debtor's whereabouts.
The full report can be found here.

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