Enforcement action
19 Enforcement action
If—
a debtor has not, within 14 days of (and including) the date on which a reminder notice relating to a pecuniary sum was given to the debtor in accordance with section 18, paid the sum or entered into an arrangement under section 15 in respect of the sum; or
an arrangement under section 15 has terminated, the
Chief Recovery Officer may determine, at any time, in the Officer's absolute discretion, to do any of the following:
enter into an arrangement, or further arrangement, with the debtor under section 15(1)(b);
exercise any 1 or more of the powers under Part 7.
The
Chief Recovery Officer may determine, at any time—
to waive payment of the pecuniary sum or any part of the pecuniary sum (in the Officer's absolute discretion); or
to write off the pecuniary sum if the Officer considers that—
there is no reasonable prospect of recovering the sum; or
the costs of recovery are likely to equal or exceed the amount to be recovered.
If the Chief Recovery Officer determines to waive payment of any part of a pecuniary sum that includes an amount of compensation, the
Chief Recovery Officer must take reasonable action to notify the person to whom the compensation is payable and that person may then recover the amount of the compensation as a debt from the debtor.
The writing off of a pecuniary sum does not affect the liability of the debtor to pay the sum or the power of the Chief Recovery Officer to recover it.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.