Consumer debt recovery law
Author(s)
Bibliographic Information
Consumer debt recovery law
Federation Press, 2002
2nd ed
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
This book examines the law and practice of debt recovery from consumers in Australia. It is the second edition of Australian Debt Recovery Law which was published in 1990. The new edition is updated to meet changes to the law in the past decade, but more than that it now has three authors from three quite different backgrounds. The academic author of the first edition, Bruce Kercher has been joined by one of Australia's leading financial counsellors, Betty Weule and by the principal solicitor of the Wesley Legal Centre (which concentrates on consumer credit issues), Richard Brading. It is stronger in its focus on the actual practice of debt recovery law, while retaining its statement of the law and its historical analysis and arguments for legal change. An early chapter considers debt recovery outside the courts, including an analysis of the law governing the constant problem of harassment. It then moves through the various stages of obtaining judgments, presenting defences and enforcement of judgments. The book concludes with a new chapter on bankruptcy law. The principal aim is to present the law concisely, accurately and with as little legal jargon as possible, while also showing how the law is used as a tool of bargaining and threats.
Table of Contents
Introduction Debt recovery outside the courts Defences and actions against the creditor Court remedies before judgment Obtaining judgment Defences and actions against the creditor Enforcement of judgments: general principles Enforcement of judgments: examination hearings and instalment orders Enforcement of judgments: remedies against property Enforcement of judgments: imprisonment Insolvency and inability to pay Bankruptcy: the new debt collection tool References/ Index
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