Queensland Consolidated Regulations

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CONSUMER CREDIT CODE - SECT 82

82 Requirements to be met before credit provider can enforce guarantee against guarantor

A credit provider must not, under a guarantee, enforce a judgement against a guarantor unless--

(a) the credit provider has obtained a judgement against the debtor for payment of the guaranteed liability and the judgement remains unsatisfied for 30 days after the credit provider has made a written demand for payment of the judgement debt; or
(b) the Court has relieved the credit provider from the obligation to obtain a judgement against the debtor on the ground that recovery from the debtor is unlikely; or
(c) the credit provider has made reasonable attempts to locate the debtor but without success; or
(d) the debtor is insolvent.

Maximum penalty--50 penalty units.



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