NT Civil Debt Claim - Service of Application/Summons

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Les Winter

Active Member
17 June 2020
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31
I had a Civil Debt Process proceed against me. The Claimant (I am guessing) sent the Application/Summons to my previous NT Residential Address. (I now live off shore and this was known to the claimant prior to service). The local court has heard the matter and made orders against me. In respect of "last known address", given the claimant knew I no longer lived there, has service been effected?
The country where I now reside is not a Hague Convention Member so that criteria of service does not apply. In the country where I reside, local law is that documents must be served personally. (not at an address or on another occupant)
(Note - for service of a document would prove difficult where I am, as the street has no name or lot number and difficult to identify)
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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Ballarat, Victoria
Hi Les,
Apart from the technical requirements of if service has been effected, were you aware of the proceedings when the orders were made, so that you could have defended them? If you were not, you may be able to apply to have the judgment set aside, which requires that you have an explanation for not turning up and defending the matter, but that you also have a prime facie defence to the claim. Good luck.
 

Les Winter

Active Member
17 June 2020
7
0
31
Hi Les,
Apart from the technical requirements of if service has been effected, were you aware of the proceedings when the orders were made, so that you could have defended them? If you were not, you may be able to apply to have the judgment set aside, which requires that you have an explanation for not turning up and defending the matter, but that you also have a prime facie defence to the claim. Good luck.
No. I did not know about the proceedings, nor did I know about the debt.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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699
2,894
Sydney
It may also help if you have some kind of evidence that the plaintiff knew where you actually were.