Inspections of debt collectors and process servers

We regularly make sure that debt collectors and process servers obey the law.

We can:

  • investigate claims
  • do spot checks
  • take enforcement action for a breach.

An inspection will be done by a Fair Trading inspector.

Inspectors

An inspector must show you their identification as soon as they arrive. Their ID card will always include their photograph and signature.

An inspector can enter a place or vehicle if:

  • it’s an open, public place
  • they have the owner’s permission
  • the Magistrates Court has issued them a warrant.

Once inside, they can:

  • search the premises or vehicle
  • seize possessions
  • take copies of documents
  • take other people or equipment into the area.

You must follow any lawful direction they give you. If requested, you must give them:

  • your name and address
  • any information regarding your work
  • copies of any documents they ask for.

Breaches

You may face penalties if an inspector finds that you:

  • have done unlicensed or inappropriate activity
  • obstructed their investigation
  • disobeyed a lawful direction they gave you.