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What happens when legal action is taken?
Once a lender has sought judgment against you for a debt (this is where a Court has decided the amount you, as the borrower, owe the lender) they can do any of the following:
- Garnishee your wages or bank account. This is where a notice is sent to your employer or bank that forces them to send part of your wages or savings to the lender.
- Take and sell certain assets such as your TV, stereo and/or computer to cover your debt.
- Force you to become bankrupt. (refer to dot point ‘Bankruptcy’)
If you cannot afford to pay a judgment debt obtained in a Court by the lender, you can apply to the Court for an instalment order. If granted the order requires that you repay the lender in instalments. This action will stop the lender from taking any immediate legal action unless you have had a previous instalment order for the same debt and you did not make the required repayments.
The Court will process your instalment application. If it's accepted you must continue to make the required repayments to the lender. If you stop making the payments then the lender can take action against you.
