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In 2000 I borrowed $50,000 for a business. in 2005 my

husband rolled a bike and...
in 2000 I borrowed $50,000 for a business. in 2005 my husband rolled a bike and broke his neck.
JA: What state are you in? It matters because laws vary by location.
Customer: From 2006 we could not pay the interest and defaulted NZ Waikato or South Auckland
JA: Has anything been filed or reported?
Customer: in 2008 I advised in writing we were in a perilous situation and could not see this being repaid. In 2010 they came again and I suggested they bankrupt us before anyone else did. We could not pay.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is now 17 years later and 7 years since I took liability for this debt. My husband is legally an incomplete paraplegic. We lost our land, vehicles etc over this very tough ten years. My husband has had numerous surgeries and rehabilitated to incomplete paraplegic. We started a business which he home manages. We have been told the Statute of Limitations applies as the time period has gone. I know morally we owe this but similarly how long can this go on. We have had letters of abuse from his cousin who has both the Power of Attorney and is the beneficiary. The man who was a lender privately as a farmer with high rates of interest for lender is now 93
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Answered in 6 minutes by:
11/20/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,211
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us about this issue?

What state is this in?

Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,211
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 25 days ago
South Auckland New Zealand.
I am asking as on two occasions 7 and 9 years ago I adamantly said our circumstances had changed. Bankrupt us.
Is it possible after all of this time to come back at us just as we finally start to pull together a small business. We have no property or decent assets.
Mr Spiers says he is taking it to court, Placing it with credit agencies and publishing it in papers etc.
I was told by a lawyer trainee friend not to reply or I accept liability again.
I have until 27th November to settle.Can an old debt like this be pursued after this time when they have had 11 years since we stopped paying to take action. Even a bankrupt person can start life again after 7 years. I am in my 60s and my husband 67
Customer reply replied 25 days ago
My home phone may be better
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I am sorry, we cannot complete call to non-US numbers, I apologize. Would you care to continue here and I will cancel the call and get them to refund your payment for the call?

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Customer reply replied 25 days ago
please
Customer reply replied 25 days ago
I need to know if the Statute of Limitations Act 2010 is a genuine point of law in NZ
Customer reply replied 25 days ago
Are you still there?

Thank you for your reply.

I am still here, give me a minute.

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Thank you for your patience.

The Statute of Limitations Act provides a 6 year limitations period for claims for money and that 6 years runs from the date of the alleged breach of contract (date of your last payment). As long as you never admit in writing you owe the money (which renews the statute of limitations) once the 6 year limitation period expires they cannot sue you to recover anything from you.

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Customer reply replied 25 days ago
Thank you.
Jocelyn

Thank you. I wish you the best.

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Customer reply replied 25 days ago
Please be sure that I am not charged for the phone call and that this is a one off billing. I cannot afford to become part of a plan or membership.
Your confirmation of that would b e appreciated

I will report the call refund to customer service to make sure they get it. Experts cannot do much more than that about payment issues as we are not site employees.

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Law Educator, Esq.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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