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Are you located in Australia? Victoria. I owe Debt collector…

Customer Question
Hi, yes, are you...

Hi, yes, are you located in Australia?

Lawyer's Assistant: Have you talked to an Australian lawyer about this?

Yes Victoria

Lawyer's Assistant: What steps have been taken so far?

I owe Debt collector $32K as per judgment

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

Was paying regularly and had problem s

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,312
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 4 months ago

have you considered into into a debt arrangement ?

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Customer reply replied 4 months ago
Hi, yes I tried payment plans with them and when I was in financial hardship I advised and they wouldn’t have any of it.
Then I have received an attachment of earnings order
Customer reply replied 4 months ago
an affidavit re attachment of earnings
Solicitor: John Melis, Lawyer replied 4 months ago

ok.

the next option is you can attempt a one time settlement.

how this works is that if you offer them party say 20 cents in the dollar due and if it is not accepted you will file for bankruptcy.

then if that happens nobody gets anything.

this option needs to be carefully managed.

what do you think ?

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Customer reply replied 4 months ago
I also tried to offer them full payment by July 4 this year and still make regular payments til I can make a lump sum payment to clear it and they won’t accept
Solicitor: John Melis, Lawyer replied 4 months ago

ok

thats really good too.

but if they are not accepting that position then what about the proposed above ?

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Customer reply replied 4 months ago
Bankruptcy not an option as I can pay them in full but not right now, in a couple of months time but they won’t accept and will continue the court hearing next week
Customer reply replied 4 months ago
When I spoke to a financial counsellor they tried to make an offer but they said no also
Solicitor: John Melis, Lawyer replied 4 months ago

ok

do you have a lawyer acting on your behalf, as this will change the dynamics on settling the matter.

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Customer reply replied 4 months ago
No I don’t can’t afford one now
Solicitor: John Melis, Lawyer replied 4 months ago

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

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Customer reply replied 4 months ago
Hi, I can’t talk right now, have kids running around and partner home soon
Solicitor: John Melis, Lawyer replied 4 months ago

there are solutions to your important matter but it will require careful negotiation.

you can accept the offer and call me when you are free if you need.

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Customer reply replied 4 months ago
Ok, when you say careful negotiation does that mean still going to court next week and having a legal representative?
I want to get shut of this as my health is suffering due to the stress.
I’m willing to pay the debt but just need time to pay in full.
Solicitor: John Melis, Lawyer replied 4 months ago

you can stop the court proceedings, but it will require you to enter into a deed of settlement which will need to take into account the total situation of all finances. Again it comes down to the negotiating point with the plaintiff.

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Customer reply replied 4 months ago
I don’t think they are open to anything
Tried numerous times
Solicitor: John Melis, Lawyer replied 4 months ago

I am here to help you, but settling before the court hearing is complex and I invite you to accept the services when you can.

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Customer reply replied 4 months ago
I’m ok with attachment of earnings as it’ll only be for a couple of months
It won’t get worse than that in court?
Solicitor: John Melis, Lawyer replied 4 months ago

to stop the proceedings you need to have a deed of settlement in place beforehand.

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Customer reply replied 4 months ago
Ok but what are the legal fees going to cost me to do this?
Solicitor: John Melis, Lawyer replied 4 months ago

have a look at the phone call offer and I will provide you information you need over the phone when you have time.

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Customer reply replied 4 months ago
Ok
Solicitor: John Melis, Lawyer replied 4 months ago

thank you

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Solicitor: John Melis, Lawyer replied 4 months ago

if you need any further information please let me know

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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