
But you might not have to – sending a solicitor’s letter or making a money claim can sometimes prompt a customer to pay what they owe you, without having to go to court. Starting legal action can eventually mean taking a claim to court and getting a binding decision from a judge. The Law Society and Citizens Advice websites have advice about questions to ask before and during your appointment. It’s best to choose someone with experience in debt recovery.
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Your options before a court order or judgment Get other support for debt and financial issues. Not all debts will be cancelled by bankruptcy. You hand over control for most of your debts and significant assets to a bankruptcy trustee.

Or, as the debts pile up, you might choose to become bankrupt.īankruptcy gives you a legal right to protection from your creditors. Sometimes an offer of part-payment can work. It is common for people to get into debt because they are trying to pay off too many things at once. If the debt is statute barred, then this is a defence if the creditor goes to court. If they cannot, and you have not agreed you owe the debt, or started to pay some of it, they cannot force you to pay. They must prove that the debt is yours and less than six years old (or 15 years old in some cases). If the creditor asks you to pay an old debt, get other support. To find out if an order has been made about your debt you can get a copy of your credit record or contact the Magistrates’ Court. Where there are mortgages over property, the law is complicated so get help. there is already a court order to repay.the debt is secured by a mortgage over property.Note: The period is 15 years, not six years, where: If you are not sure if your debt is statute barred get legal advice before you speak to your creditor or make repayments. You may not have to pay an old debt if for six years you have not: However, if your income is protected but you decide to apply for an instalment order at court then you lose this protection. own one registered car worth less than $7500.Basic household goods, such as your fridge or washing machine, are not significant assets do not own any significant assets, for example, savings or expensive antiques.This is where your only income is a Centrelink or Workcover payment and you: Workcover payments are usually protected too. If your only income is from a Centrelink payment, a court will not make you repay your debt from this income. You get a payment from Centrelink or Workcover If you think you have a defence or you disagree with the debt get legal advice fast.

you were forced to sign or were taken advantage of (even by a family member).

you were told something that was not true (you were misled into signing).You may have a defence to a debt if, for example, you agreed to a contract but:
