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I just recently found out I have a court judgement against…

Customer Question
I just recently found...

I just recently found out I have a court judgement against me... it was action last Dec 2017.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

I have rang ambulance Victoria and the debt collector in regards ***** ***** matter... but no one give me an answer why this was so.

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

Victoria

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

I want to know where I stand because the debt collector is not able to help me... pointing fingers and no clear answer as to how I can have this removed in my name.

Submitted: 30 days ago.Category: Australia Law
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Answered in 5 minutes by:
5/25/2018
Solicitor: John Melis, Lawyer replied 30 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,112
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 30 days ago

did you get a copy of the order yet

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Customer reply replied 30 days ago
No I didn’t
Customer reply replied 30 days ago
That’s the issue I have I didn’t know about it...
Solicitor: John Melis, Lawyer replied 30 days ago

please allow me a few minutes draft reply.

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Customer reply replied 30 days ago
Ok
Solicitor: John Melis, Lawyer replied 30 days ago

thank you, ***** ***** not be to long.

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Customer reply replied 30 days ago
Is the draft will Be email to me ?
Solicitor: John Melis, Lawyer replied 30 days ago

nearly finished.

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Solicitor: John Melis, Lawyer replied 30 days ago

sorry just a quick question, is the judgment by the court from the local court, or Magistrates court ?

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Customer reply replied 30 days ago
Magistrate court
Solicitor: John Melis, Lawyer replied 30 days ago

thank you.

I am drafting the response now.

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Solicitor: John Melis, Lawyer replied 30 days ago

What you will need to do is counter claim against the judgement debt.

Where you are disputing a debt, a debt collector should stop collection activity until any reasonable request for information has been met, and the debt has been confirmed. Also, a default listing on your credit report should not be made during this period.

An Application for Re-hearing is an application heard before a Magistrate in Court to have the final order that has been made against you in your absence set aside. It is not a hearing of the proceeding, itself, but an application to be allowed to have the proceeding re-heard. If successful in your application, the final order is removed which allows the matter to go on and have a hearing at a later stage.

If you have found your name on a credit reference list, even though you have paid the debt in full, the only avenue you have to remove the final order from the court record, is to bring an Application for Re-hearing and convince a Magistrate that the final order should not have been made.

The Re-hearing Application must be filed at the court where the original order was made.

To apply for a Re-hearing you must complete a 46B application form. It is on this form that you must outline the grounds for your application. You must clearly write the case number ***** the top right hand corner of the form, and the form must be signed.

Don’t fill out the hearing date at the bottom of the form as court staff will do that for you when the application is issued.

You should attach a copy of any pleadings that you may have in your possession in relation to this matter (eg Complaint, Defence).

You must also complete an affidavit in support, which is where you must detail the reasons:

    1. Why you did not file and serve notices of defence; or
    2. Why, after giving notices of defence you did not appear at the pre-hearing conference or at the hearing.
    3. Outline the full particulars of your defence. (Extra pages can be added if you need more room.)
    4. The Affidavit must then be sworn before an authorised person , see list under Related Pages.

Upon receipt of payment of the filing fee (court staff can advise you of the fee, or refer to the Costs and Fees ready Reckoner in the panel to the right) your application will be booked in to be heard by a Magistrate approximately 14 days later, or processed by a Court Registrar.

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Solicitor: John Melis, Lawyer replied 30 days ago

Once you commence the action you will be able to defend the claim of the debt raised against you.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

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 your important questions.

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