The Debtorsâ€™ Guide to Local Courts is an invaluable resource for debtors, financial counsellors, community workers and lawyers. It provides comprehensive, accessible and up-to-date information about the debt recovery system for people facing debts in NSW.
Being in debt can be a confusing and frightening experience. This book aims to set out options available to people who are experiencing debt problems. It aims to put some control back into the lives of debtors â€“ providing practical guidance on negotiating with creditors, dealing with debt harassment, an overview of the Local Court, how to respond to a statement of claim and the process of enforcement of a debt and ways to stop enforcement.
The updated third edition includes:
- flowcharts which provide simple overviews of various steps in the debt recovery process;
- updated practical information such as filing fees, amounts that can be claimed, interest rates, solicitorâ€™s scales of costs in the Local Court;
- updated information on the different ways of running matters in the Small Claims or the General Division of the Local Court;
- sample letters and improved sample forms including an example of a defence under the Consumer Claims Act;
- associated and relevant information on the powers of the Consumer Trader and Tenancy Tribunal to decide credit and debt matters and the process followed by the State Debt Recovery Office for the payment of unpaid fines; and
- more comprehensive information on bankruptcy.
Table of Contents
How to use this guide
Debt recovery and the legal system
More about debts
At the Local Court
Before court action
Start legal proceedings
Hearing in the Small Claims Divison
Hearing in the General Division
Ways of stopping enforcement action
Bankruptcy - voluntary or otherwise
Sample letters and froms