Recommendation: Proportionate and holistic debt enforcement mechanisms

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Brendan Burgess

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The Debt Enforcement Office would have to ensure that any debt enforcement mechanism is proportionate (the least restrictive and most effective) and that the debtor is left with a minimum standard of living for him/her and any dependants. In addition, any mechanism must be based on a complete picture of the person’s indebtedness (the holistic approach to debt). This ensures that an appropriate balance is made between the creditors and the debtor in a specific case. It also means that creditors and debtors do not become involved in the expensive, and often fruitless, debt enforcement processes currently in place. The Debt Enforcement Office would be able to use a wide variety of enforcement mechanisms. These include: instalment orders, attachment of debts orders; attachment of earnings orders; and goods seizure orders. These can also be used in combination with each other, where appropriate.
 
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