LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Car Accident Debt - Debt Collectors Taking to Court

Discussion in 'Debt and Bankruptcy Law Forum' started by Parminder singh, 16 August 2015.

  1. Parminder singh

    Joined:
    16 August 2015
    Messages:
    2
    Likes Received:
    0
    I had a car accident a couple of years ago. When the debt collectors agency got in touch with me I told them that I can only pay instalments as my wife is not working and we have a baby to support as well. The debt collectors took default judgement against me and want me to pay the interest on the debt and other charges. I have no assets and still willing to take pay.

    What options do I have?

    Thanks.
     
  2. Amanda E

    Amanda E Well-Known Member

    Joined:
    9 April 2014
    Messages:
    154
    Likes Received:
    20
    What is the amount of the debt? And did they get the default judgment in the Magistrates Court? If so, see Civil and Money Matters FAQ | Magistrates' Court of Victoria that takes you through your options for applying for a rehearing.

    You might also find this article of dealing with debt collectors helpful: Debt Collectors - Tips for Dealing with Them! - Legal Blog - LawAnswers.com.au.

    It may be the case that you can negotiate a payment plan with them, and also then apply for rehearing to set aside the default judgment. Make sure you get everything in writing/write down details of all phone calls as well.
     
  3. Parminder singh

    Joined:
    16 August 2015
    Messages:
    2
    Likes Received:
    0

    Thanks a lot Amanda for taking time to reply, the debt amount was $4800 but now with the further costs and interest it's around $6800 as I offered them various payment options but they refused all of them without providing any reason and wanted full money in one go.

    I was planning to go to court for instalment order but doing that I will have to pay the full amount but I really think that the other party didn't follow the code of conduct as they never showed any intent on settling this matter.

    I have a complete record of my conversations with them, so please suggest that if I apply for payment plan in court in order to stop any further charges then can I apply for setting the judgement aside sometime after that??

    Thanks
     

Share This Page

Loading...