NSW Consequences of Unpaid Toll Debt?

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louise89

Well-Known Member
19 May 2015
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Hi all,

This is for a friend - there is someone constantly coming to the house to try and I guess serve papers as I searched the phone number and it says debt collector.

I am assuming they are for all the unpaid toll letters for when using the M5/M7, etc. What is the possible punshiment that can happen if the debt collectors cannot serve the papers?

What can happen to your drivers licence or to yourself in general for unpaid toll letters?
 

Tim W

Lawyer
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28 April 2014
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To you? If they are not your tolls, and not your debts,
then to you, nothing.

Debt collectors are not supposed to harass people.
Have a search of the archives here for earlier posts on this kind of thing.
 

kimsland

Well-Known Member
6 February 2017
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Unless they are actually in fact people appointed by the courts, or the Ombudsman department or the Sheriff's office. These people can place convictions on you (your 'friend') by way of asking the court to assign a member of the court to take your place in court (since they couldn't reach you). In this case you can still be punished etc (financial, suspension, imprisonment etc., but not capital punishment ;) )

Avoiding these responsibilities only delays the time in which he will eventually receive them. Although 'private' debt collectors. Not a biggy really, they should approach the court to get an appointee instead.
 

Tim W

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28 April 2014
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Unless they are actually in fact people appointed by the courts, or the Ombudsman department or the Sheriff's office. These people CAN place convictions on you (your 'friend') by way of asking the court to assign a member of the court to take your place in court (since they couldn't reach you). In this case you CAN still be punished etc (financial, suspension, imprisonment etc But NOT capital punishment ;) )
Errrrrr.... no.
I most strongly suggest that you clarify this post.
 

kimsland

Well-Known Member
6 February 2017
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Errrrrr.... no.
I most strongly suggest that you clarify this post.
I,800+ posts, look up 'substituted service' It exists, and is exactly what I was talking about.

I'm telling you now I've read probably 1000 cases in the last 2 years. I really got hooked on them (for a valid reason). I don't think there's much I don't know, I even have opinions on 'fair work' and Federal courts actual fairness even though in my specific matters I won them all :p

Oh and btw, when I went to a 'lawyer' (ie under your name you proudly represent) originally, they said they didn't believe I had a strong enough case and declined any support. Big mistake by them, they missed out in quite a few thousand dollars. Maybe try being more open-minded to others, you never know they may be right.

Rant over :) I blame 2 years of hell ;)
 

Tim W

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Nah.

"Substitute service" has a particular meaning within civil procedure, and is pretty much only about alternate ways to present documents (mostly, but not always Originating Processes) to defendants/ respondents in civil matters.

Pretty unusual to see a criminal proceeding commenced with substitute service of, say, a CAN.

Further, "substitute service" does not mean the same thing as your phrase
"...take your place in court"

You simply have that wrong.

Further, neither the Ombudsman nor the Sheriff can, as you said above
...place convictions on you...
This is because the power to convict people is only available to judges and magistrates.

You seem to have confused substitute service with the notion of trial and/or conviction in absentia, or
confused it with an order or application made ex parte.
 

kimsland

Well-Known Member
6 February 2017
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Nah.
"Substitute service" has a particular meaning within civil procedure, ....
Pretty unusual to see a criminal proceeding commenced with substitute service of, say, a CAN.
The OP is assuming unpaid Toll debt, it could quite easily be a civil matter. It is unknown due to the door being unanswered.

How do you know it is not in relation to: Civil in absentia of the Respondent with application made ex parte?

There is not enough information to make this judgement on an 'assumption of a Toll penalty'.

The point I answered why, thus helping others in not answering debt collectors (or serving of orders ;) )

You agree of course that I would therefore be 'not wrong' in that? :)
 

Tim W

Lawyer
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28 April 2014
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The OP is assuming unpaid Toll debt, it could quite easily be a civil matter. It is unknown due to the door being unanswered.

How do you know it is not in relation to: Civil in absentia of the Respondent with application made ex parte?
There is not enough information to make this judgement on an 'assumption of a Toll penalty'.

The point I answered why, thus helping others in not answering debt collectors (or serving of orders ;) )
You agree of course that I would therefore be 'not wrong' in that? :)
I answered the OP in my first post above.
It is your... energetically delivered... misguidance... that needs to be dealt with and discounted
to avoid confusion for both the OP and for later readers.
 
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kimsland

Well-Known Member
6 February 2017
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I answered the OP in my first post above
What can happen to your drivers licence or to yourself in general for unpaid toll letters?
Um, and you said: "To you? If they are not your tolls, and not your debts, then to you, nothing" and Iamthelaw even liked your comment? And your next post after this will be to tell me off; call a Mod, or continue your blatant disregard to logic.

My (first) comment was stating it is inevitable, and they should approach the court. I even hinted that if his friend avoids these people all the time he may also be avoiding the court date (which unpaid tolls I suspect he has) in which regard he may quite easily lose his license! (I though I may as well answer it here, as no one else has).