Appointment to act as a debt collector or process server

Appointment to act

You cannot act for a client in any capacity unless they have appointed you as their agent.

The appointment process depends on whether you are to be engaged for:

• debt collecting or repossession
• process serving.

If you do not have a valid appointment:

• the Court may order you to return any fees
• you may receive a fine.

Debt collection or repossession

There is no specific form that you need to use to be appointed for debt collecting or repossessing goods. You will need to get the appointment in writing. You (or a person authorised by you) and your client must sign and date this document before it can take effect.

This must set out:

• the services you will provide
• any other instructions, limits or conditions
• your commission, fees and expenses.

If you are entering a continuing appointment, you must set out:

• the end date
• the notice period for ending the agreement early.

The notice period to end the agreement may be:

• at least 90 days
• fewer than 90 days if both parties agree (but no fewer than 30 days).

Process serving

For a process serving appointment, you only need a written appointment from your client.

Fees and commissions

We do not regulate commission rates for debt collectors or process servers. You can negotiate your commission with the client.

However, you must set out the commission in your appointment. Once you agree on it, you cannot change it. If you do, you may end up in Court.