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NSW Person Reneged on Waiving a Debt - Appeal the Judgement Order?

Discussion in 'Debt and Bankruptcy Law Forum' started by Francene Craven, 27 August 2015.

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  1. Francene Craven

    Francene Craven Active Member

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    I would like to know if a judgement order is made against you without you being aware of it because the paperwork never came to you in the mail, coupled with the person requesting the order stating that he will waiver the debt, after the order was made in court, then reneging on that statement months later, if I should be taking it to court to finalise it properly or if I have to follow the judgement order regardless?

    I have written messages that prove this person stated that the debt would be waived, however, nothing was lodged with the court, as I have now been told. Can I initiate further proceedings in court?
     
  2. Sophea

    Sophea Well-Known Member

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    Dear Francene,

    Usually in order to obtain a default judgement, you need to prove that you had served the claim documents on the debtor. Therefore in order to obtain a default judgement against you your creditor would have had to file an affidavit of service proving that the documents were served on you. It is possible to set aside a default judgement, by making an application to the court to show why you did not have an opportunity to respond to the claim. It doesn't take away the fact that you owe the debt, but it will remove the judgement to give you an opportunity to fight the existence or amount of the debt in court. Here is a link with information on step by step process for doing this: lawassist_applying_to_set_aside_default_judgment_home

    With respect to the waiver of the debt, was the forgiveness or waiver of the debt made in writing? If not it may be difficult to prove to a court that the debt had been waived. As far as I am aware (and I am interested to hear other contributors opinions) if you do forgive a debt you cannot come back at a later time and claim for payment of it, and I don't believe there is any requirement that the forgiveness be in writing.
     
    Francene Craven likes this.
  3. Francene Craven

    Francene Craven Active Member

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    Hi Sophea,

    Thank you so much for your information. Your answer gave me so much information and I will definitely be following this up. Thank you
     

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