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NSW How to File a Cross Claim for a Debt Issue?

Discussion in 'Debt and Bankruptcy Law Forum' started by mel888, 1 November 2015.

  1. mel888

    mel888 Member

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    I am trying to find out how to file a cross claim, as a debt relates to a ncat hearing which should have been appealed, but I was given the wrong information at the time. I was told to file a set aside when the time period had already lapsed, and if I file an appeal I risk loosing the money to file the appeal as the time period has lapsed as well?

    The person I need to file this against has used every solicitor in Bathurst and Orange, creating a conflict of interest, so I am at a loss as to how to find a solicitor.
     
  2. Sophea

    Sophea Well-Known Member

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    Usually when you file a defence to a claim you have the option of filing a defence and cross claim. I am guessing it will be a form on the ncat website. What type of claim is it and what division?

    This is what the NCAT website says about cross claims:

    "You may be able to lodge a 'cross-claim' depending on the type of application. For example, you cannot lodge a cross-claim in a consumer claim or motor vehicles matter. Check the relevant legislation for further information.

    If you are going to lodge a cross-claim, you should do this quickly so that the applications can be heard together at the same time. You should also seek independent legal advice as a cross-claim may delay the resolution of the dispute."

     
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