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I have a debt of $47k in Australia - I moved back to Europe…

Customer Question
I have a debt...

I have a debt of $47k in Australia - I moved back to Europe with a very good job offer but this fell through - my intention was to pay this off in one year.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sydney NSW.

Lawyer's Assistant: Has anything been filed or reported?

I cannot pay the debt as I am unemployed can they chase me here in Europe do they have any jurisdiction ? If I don’t pay at all what happens?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have moved to Europe permanently

Submitted: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
2/6/2018
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 5 months ago

have you considered negotiating a payment plan of some form with the lender yet, to reduce the overall amount payment to make it easier ?

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Customer reply replied 5 months ago
No I haven’t
Solicitor: John Melis, Lawyer replied 5 months ago

would you like to try this option ?

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Customer reply replied 5 months ago
I understand how that works - but I want to know if I can’t afford to pay the Ozzie debt will it affect my new life overseas re lending and starting over
Customer reply replied 5 months ago
What sort of right down could I get if I did take that option?
Customer reply replied 5 months ago
Nothing has been filed or reported but payment is becoming due I paid this month to give me time to see my options but I have no more savings
Solicitor: John Melis, Lawyer replied 5 months ago

Sure.

what about we have a talk on the phone.

I have sent you a special offer, please look, as it will help you

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Customer reply replied 5 months ago
I’d prefer to type if that is ok as I share accommodation here
Customer reply replied 5 months ago
Where is your special offer John?
Customer reply replied 5 months ago
The two free calls? No thank you
Solicitor: John Melis, Lawyer replied 5 months ago

special offer is reposted for you.

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Customer reply replied 5 months ago
I don’t see it John
Solicitor: John Melis, Lawyer replied 5 months ago

it should be a pop screen that say special offer extended

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Customer reply replied 5 months ago
No nothing
Customer reply replied 5 months ago
I’ve taken week free trial offer
Solicitor: John Melis, Lawyer replied 5 months ago

i see, did you put a credit card in the system ?

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Customer reply replied 5 months ago
all
Done
Solicitor: John Melis, Lawyer replied 5 months ago

on your screen it will say telephone service, you can click that button

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Customer reply replied 5 months ago
Ok I don’t want telephone service John
Customer reply replied 5 months ago
Hi John are we good to go here?
Solicitor: John Melis, Lawyer replied 5 months ago

no problem

so this is what you are facing from one point.

if you do not fix the debt problem in Australia, a judgement may be obtained against you, and when you return to Australian next time you may be stopped at customs and and served a notice to appear at court, or your travel conditions restricted.

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Customer reply replied 5 months ago
I thought that this would be civil therefore customs problem not the case - for eg only thought if I didn’t pay govt fines or tax
Customer reply replied 5 months ago
This is an unsecured debt with a bank
Solicitor: John Melis, Lawyer replied 5 months ago

the bank can seek a judgment order against you.

and then seek a order that you be pursued for the debt outstanding

in Australia it is not so easy to avoid the debt due unless you file for bankruptcy.

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Customer reply replied 5 months ago
Ok thanks and what about overseas like Europe? The judgement order is only valid in Australia ? When you say perused you mean in Australia or Internationally ?
Solicitor: John Melis, Lawyer replied 5 months ago

in your case the debt is to small and will not be pursued overseas.

but if you arrive back in Australia this is when you will face the issues.

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Customer reply replied 5 months ago
You see I am not working since last March when I left Australia a bit of bad luck really. Never been in this situation - but if I return to Australia for a holiday there is an issue at customs?
Solicitor: John Melis, Lawyer replied 5 months ago

may be not, but if a judgment debt has been issued, and service needs to carried out on you it will have an impact on you.

if you are an Australian citizen or PR, and you intend to return to Australia to live in the future, you may find that you have been made bankrupt by the bank or, that the debt will remain due and outstanding, and that the bank will pursue the debt against you when you return; in addition your credit rating will be damaged which will have an impact on all future finance applications etc.. credit cards.

how about we talk on the phone.

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Customer reply replied 5 months ago
I appreciate that - I have two passports European and Australian not sure if they are linked for this purpose. My first effort will be to let them know my situation and work out a plan what would happen in this case ? What can I expect
Solicitor: John Melis, Lawyer replied 5 months ago

i think the first question you need to ask is are you intending to return to Australia to live at some time in the future ?

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Customer reply replied 5 months ago
No I will not be that is definite
Customer reply replied 5 months ago
Best option to leave it sit as it is, there is no jurisdiction in Europe relating to credit rating and effecting financial life over here?
Solicitor: John Melis, Lawyer replied 5 months ago

so if you have no intentions to ever return back to Australia then you will have no issue, subject to the lender pursuing it internationally if they choose.

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Customer reply replied 5 months ago
But as you stated this amount is too small ? Or this is subjective ?
Customer reply replied 5 months ago
Ok so legally if they find me in Europe do I answer calls or letters or emails or ignore them? Is there a statute of limitations time frame here?
Solicitor: John Melis, Lawyer replied 5 months ago

each lender handles matters differently.

but on the size of the debt it may may not be pursued

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Customer reply replied 5 months ago
Does being perused mean sold to European debt collector? Then the debt falls under EU jurisdiction?
Customer reply replied 5 months ago
My debt is with NAB
Solicitor: John Melis, Lawyer replied 5 months ago

there are numerous issues that could occur similar to what you have said.

NAB does take deft seriously

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Customer reply replied 5 months ago
Ok so back to square one - best to try and do a deal with NAB even though I’m never returning to Australia?
Solicitor: John Melis, Lawyer replied 5 months ago

yes

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Customer reply replied 5 months ago
Ok thanks John is there anything else I am missing here? Any other guidance here?
Solicitor: John Melis, Lawyer replied 5 months ago

I think you have it all and know the right way to go.

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Customer reply replied 5 months ago
Can I file for bankruptcy from overseas?
Solicitor: John Melis, Lawyer replied 5 months ago

you can but you will need a lawyer in Australia to run it for you.

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Customer reply replied 5 months ago
How much would that cost?
Customer reply replied 5 months ago
Do you provide such a service John you’ve been very helpful
Solicitor: John Melis, Lawyer replied 5 months ago

yes I can help you, but we need to speak on the phone for that step

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Customer reply replied 5 months ago
How long does bankruptcy last in Australia ? 5 or 7 years? If you don’t mind explaining the ins and outs here so I have all my options
Solicitor: John Melis, Lawyer replied 5 months ago

5 to 7 years depending on the situation, you case 5

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Customer reply replied 5 months ago
Ok John but it won’t be today as it’s midnight here how can I do that on this forum?
Solicitor: John Melis, Lawyer replied 5 months ago

to complicated, it will have to by phone.

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Customer reply replied 5 months ago
Not a problem how do I do this through you on this forum via phone ?
Solicitor: John Melis, Lawyer replied 5 months ago

you need to select phone service

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Customer reply replied 5 months ago
Ok so message on the day I can speak on the phone when you are free then I hit the phone at top I have two free calls
Solicitor: John Melis, Lawyer replied 5 months ago

you can call me now if you wish

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Customer reply replied 5 months ago
Wish I could John genuinely living with someone here not able to be private call I could diarize next Tuesday night here Wednesday with you? Is that possible
Solicitor: John Melis, Lawyer replied 5 months ago

I am available now

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Customer reply replied 5 months ago
Sorry John I can’t tonight
Customer reply replied 5 months ago
What I’ll do next Tuesday evening I’ll message you to organise call with you hope that is ok with yon
Solicitor: John Melis, Lawyer replied 5 months ago

what I suggest is you accept the special offer that I have extended to and you can call me when you are free at anytime

this special offer will show you my numbers to call on.

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Customer reply replied 5 months ago
I don’t see your special offers John it’s not popping up
Solicitor: John Melis, Lawyer replied 5 months ago

have a look around your screen it should say special offer or telephone offer

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Customer reply replied 5 months ago
I’m on an app on phone it doesn’t show
Solicitor: John Melis, Lawyer replied 5 months ago

I see. Ok may be it is in a pop menu

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Customer reply replied 5 months ago
I have to go John thanks for everything I will contact you on Tuesday with a question hopefully you are free
Solicitor: John Melis, Lawyer replied 5 months ago

ok

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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