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NSW Filing a Defence for the Statement of Claim?

Discussion in 'Debt and Bankruptcy Law Forum' started by JamesOnline, 13 December 2016.

  1. JamesOnline

    JamesOnline Member

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    I'm confused. If you receive a statement of claim, and you file a defence within 28 days, does that mean you have to attend court? Do you need to pay anything for filing a defence?

    Basically, the local council has started sending rates to my property address after I left. Online, I updated my email address and elected to have publications sent there. On our online profile, we couldn't edit any other contact detail.

    8 months after I left, my property manager notified me about these rates and that a statement of claim had been filed. I tried to resolve this directly with the council, but they already filed the statement of claim.

    I paid the fees for each quarter, but I am disputing the interest and their legal fees (in total $564).

    If I file a defence, what are the implications? I'm interstate for the next year.
     
  2. Jaffasoft

    Jaffasoft Active Member

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    You can fill in word doc forms online and will not cost you anything to file a notice of defence by hand at your local court house.

    Next you receive a letter from the court for mediation where you meet to try agree on paying the debt. If no agreement is made it goes to court for a hearing.

    You need evidence to prove things in court. I don't like your chances but I am not a lawyer or solicitor.
     

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