Debtors' rights

If you are in debt you have the right to be protected from unfair or illegal behaviour from creditors and debt collectors. 

Your right to be treated fairly

You have a right to be treated fairly by a creditor or debt collector. If a debt collector is harassing or bullying you, you can complain. You can get help to do this. See 'Debt collection' (link below).

If you are physically threatened, you can also contact Victoria Police (link below).

Your right not to be discriminated against

Discrimination happens when you are treated unfairly because of something about you, for example, your race, age or disability. If you think you have been discriminated against, contact the Victorian Equal Opportunity and Human Rights Commission (link below).

Your right to have your privacy protected

Your right to privacy is proctected by rules set out in the Privacy Act 1988. A creditor can collect, store, use or give out information about you, but they cannot contact anyone else about your debt unless they have your written permission.

If you think that your privacy has been violated, complain to the organisation that did it. You can also contact an ombudsman, for example, if it's an electricity company, contact the electricity ombudsman. You can also contact the Office of the Australian Information Commissioner (link below).

Your right to get help

You may feel pressured to make a decision or to agree to something when a creditor or debt collector contacts you. Financial counsellors and other services that deal with debt problems can help you.

You have a right to get financial or legal information and advice before signing or agreeing to anything. See 'Getting help with financial problems' (link below).

Your right to question the debt

You can question the debt if you do not believe it is your debt or the amount is wrong. See 'Disputing a debt' (link below).

More information

Debt collection

Debtors' options

Discrimination

Disputing a debt

Getting help with financial problems

Related websites

Office of the Australian Information Commissioner

Victorian Equal Opportunity and Human Rights Commission

Victoria Police

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

• advice at VLA offices and other locations across Victoria
• lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.