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.