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I hope so. My fiancee had mental health issues, still there…

Customer Question
I hope so. My...

I hope so. My fiancee had mental health issues, still there but controlled, and he put himself into a lot of debt. Is it worth our pursuing having the debts wiped or at least penalties removed as it was due to his health issue. He was unemployed also for 3 years due to this condition and it seems unfair and I worry the stress could trigger his condition again.

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

Auckland, New Zealand but this debt is in Melbourne, Australia and they threatening lawyers action. Don't need this at all.

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

Not yet but they are intimidating on phone and when I tried to explain due to mental health, she listened and then hung up on me. So not going to be very empathetic.

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

We have debt due to his health issues which are not gone just controlled so I am worried that it could impact on him negatively again.

Submitted: 9 months ago.Category: New Zealand Law
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Answered in 1 hour by:
11/20/2017
Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,847
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help with your question today
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Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
The debt has to be a court judgment first before he can be forced to pay. But as this is an Australian debt they cannot sue him in New Zealand and they are just bluffing when they threaten him. They would need to get a judgment in Australia and then file this in New Zealand and that would be expensive. It is possible but not often done. He could then apply for. No Asset Procedure which is a short bankruptcy procedure if he has no other debts and this is under $40, 000, and this would write off the debt
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Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
If his debts are more he could apply for bankruptcy which would write off all his debts
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Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
He must leave the flat tidy and clean but fair wear and tear is something the landlord must deal with. Damage beyond that is your sons responsibility however. You can attach the list but make it anonymous and I can comment.
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Customer reply replied 9 months ago
Sorry we have no 'flat issue', I was also wanting to find out if my fiance can have his debts wiped due to his mental illness (which can be proven) at the time as it was a contributing factor to his spending irrationally and hiding these facts from me. He was unemployed over 3 years due to this and raising 3 daughters.
Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
Sorry that last message crossed wires. He cannot get the debt wiped for mental health reasons but can only explain this and hope they show compassion. Bankruptcy is the only way to wipe all his debts but can be useful to make a fresh start
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Customer reply replied 9 months ago
Thank you for your sound advice we will look into the No Asset Procedure.
Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
That’s a good option
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Solicitor: Chris The Lawyer, Lawyer replied 9 months ago
Feel free to follow up if you have more questions or rate my answer if you are ready
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