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WA How to Have Civil Claim for Debt Closed?

Discussion in 'Debt and Bankruptcy Law Forum' started by ELJ, 1 August 2016.

  1. ELJ

    ELJ Active Member

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    My ex opened a civil claim against me in order to get me to pay half a joint debt we incurred whilst together. Long story short, I paid it in full within the required time back in 2014 and that was that - never spoke to him again.

    Last week, I tried to get a credit card out and was declined. My credit report shows this Civil Claim as open still and this is going to stop me from getting any kind of loan until 2019 (wiped after 5 years?).
    I called the courts and said I paid this claim and that I have bank statements to show it was paid to him.

    I was told he never notified the courts that the debt was paid and therefore it is still open and unpaid in their records.

    To get it closed I was told I needed to get in contact with him and have him sign a Statutory Declaration, return it to me, get me to sign the Statutory Declaration and submit it to the courts.

    The hard part:

    1) I don't know anything about him anymore, how to contact him, where he lives or where he works
    2) Even if I did, he is a violent man and I wouldn't feel safe making contact with him
    3) Chances are he would find it entertaining to make me suffer by not signing the paperwork

    Is there anything I can do through the courts to have them contact him on my behalf or is there anything I can do on my end to get it closed out with the proof of payment I have?

    Kind Regards
     
  2. Sophea

    Sophea Well-Known Member

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    Generally when you pay a debt which is the subject of legal proceedings, settlement and release documents are signed which require the other party to discontinue the proceedings and fill out the relevant paper work with the court.

    The Magistrates Court (Civil Proceedings) Rules 2005 Reg 29 states that, "If a party wants to discontinue the whole or part of a claim made by the party, it must lodge and serve a notice of discontinuance in the approved form."

    You could prepare one of these forms which would be available on the court website - send it to him get him to sign it and then lodge it.
     
  3. ELJ

    ELJ Active Member

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    Thanks for the response.

    Can the court help me by submitting the forms to him on my behalf? Also, the details he would have provided 2 years ago to lodge the paperwork (phone number, address, email etc) would not be his current details.

    Can the courts track him down? If not, how do I find him?
     

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