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For Debtors

The information in this section is aimed at debtors owing debts of no more than $12,000 (which is the limit for claims in the Civil (Minor Claims) Division of the Magistrates Court of South Australia as of 1 August 2016).

The information is largely reproduced (with permission) from the booklet Going to Court for a Debt? by UnitingCommunities.

If you owe a debt to a subcontractor or supplier in the building and construction industry, then you may be facing a claim under the Building and Construction Industry Security of Payment Act 2009 - for further information see Debts in the Building and Construction Industry.

If your debt relates to certain farm debts incurred through your work as a farmer, see Debts in the Farming Industry for more information.

Many of us go through a time when we genuinely cannot afford to repay money we owe. However, if you are being pursued for a debt which you believe you do not owe, you should question the debt without delay (see 'Disputing a debt').

If your problem relates to a house repossession or mortgage arrears, you should get advice from the Legal Helpline on 1300 366 424 or a financial counsellor as soon as possible. It is far better to deal with the problem quickly.

If you are the director of a company, and the debt is owed by your company to the judgment creditor, unless you have given a personal guarantee, you are not liable to pay the debt. This is so even if the company cannot pay or has no money.

For Debtors  :  Last Revised: Fri Jan 18th 2019
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.