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Can a debt collection agency harass you over a debt that is…

Customer Question
Can a debt collection...

Can a debt collection agency harass you over a debt that is statue barred?

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

Qld but debt originally taken out in nsw

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

I have not acknowledged the debt. Last payment or acknowledgement on my part was 31/3/2012

Submitted: 4 months ago.Category: Australia Law
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Answered in 54 minutes by:
3/21/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,533
Experience: Principal Lawyer at Legal AU Pty Ltd
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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

no they cannot, and you can bring an action against them for this conduct.

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Solicitor: John Melis, Lawyer replied 4 months ago

What you can do is apply to the court for a restraining order to stop the negative conduct that is occurring to your person.

The law will protect you where the debt is statue barred.

Does this answer your important question today.

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

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

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Customer reply replied 4 months ago
Thank you. How do I know if the debt has been statue barred? They have tried to tell me that it is not statue barred yet. But the last time I acknowledged or made a payment was 31/3/2012.
Is it 6 years from this date?
Solicitor: John Melis, Lawyer replied 4 months ago

you are correct. 6 years is the time limit for a debt due.

So all you need to do is the calculation backwards and if you are over the 6 years limit you are good and they cannot claim the debt .

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Customer reply replied 4 months ago
Thanks John. What would you charge me to represent me and deal with this on my behalf?
Solicitor: John Melis, Lawyer replied 4 months ago

acting on your behalf would require entering into a lawyer client retainer which fees will apply.

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Customer reply replied 4 months ago
Hi John, yes, that's what I am after, is someone I can pay to ddeal with this on my behalf.
Do you have an idea of your fees?
Solicitor: John Melis, Lawyer replied 4 months ago

ideally you would need a lawyer to act on your behalf. Each law firm charges different rates subject to the size of their practice. I suggest that you contact your local law office and they will be able to advise, The costs should be under 500.

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