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I have had a court order imposed for about 68K and as a

I have had a...

I have had a court order imposed for about 68K and as a result sold my block which has a caveat imposed on it. The block sold for 50K so I have a shortfall . My lawyer tells me the total amount has to be paid. Problem is i do not have any other assets to sell or savings . I just do not know what to do now. My lawyer said the claimant will not negotiate

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

WA

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

There has been a court order filed

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

I just want to know what happens at this point, if I have no way of paying the shortfall - can they force me to sell my car/furniture?

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Answered in 26 minutes by:
3/9/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

You say you have no further assets or money?

Have you considered declaring bankruptcy?

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Customer reply replied 4 months ago
I have considered however I guess the main thing I am worried about is if they can force me to sell my vehicle ( which I need for work) or any other household furniture ? Worse still can I go to jail for not paying? The total amount of 50K is what I originally owed. The 28K or so is the interest on top of this.

Good Morning

You cannot go to jail for a debt it is not a criminal offence.

If you care is worth $7,800.00 or less you can keep it they wont touch it.

They wont touch your furniture either.

Here is a list of the values they wont touch

https://www.afsa.gov.au/insolvency/how-we-can-help/indexed-amounts-0

The debt would be wiped and after 3 years you are free but there is a listing on your credit rating for the bankruptcy but you have that now with the court judgement.

You can complete the forms on this site and lodge then.

https://www.afsa.gov.au/insolvency/how-we-can-help/forms-list/debtors-petition

But this way you have nothing more to worry about.

Make sure that you have all your phone and electricity and internet accounts in order so you do not have to apply after the bankruptcy.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Hi Thanks for your response .
Am I able to negotiate the interest amount with the claimer or is this locked in? I am thinking if i let them know that I will have to declare bankruptcy for the 28K they may be willing to negotiate a less amount ? What do you think ?

Good Afternoon

You can negotiate with he plaintiff for them to accept less but id they dont agree there is nothing you can do.

Try that first and see what you can get them to agree to.

I hope this assists.

If there is nothing further please dio not forget to rate my work 5 stars so I can be paid.

Anything further please do not hesitate to ask

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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