Preventing / Delaying Court Action on Civil Debt

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MarkieK

Member
21 December 2019
1
0
1
Hello All,

I have recently been notified I may have an outstanding civil debt in Australia that is now held by a third-party private debt collection agency. They allege the original account went into default in January 2015 while I was based in WA. As this is the first time I have been contacted by a debt collector I wanted to know if there is a way to check the WA state court records to see if a default judgement has been entered against me in my absence? My understanding is a default judgment would extend the status of limitation for this kind of civil / simple credit contract debt from 6 years to 12 years from the judgment date.

Secondly, if a default judgment has not been entered against me is there a way I can take action to prevent the debt collector initiating court proceedings? For example could I file a complaint with the Financial Ombudsman Service or the Credit and Investment Ombudsman with a view to delaying court proceedings beyond the 6 year statue of limitation thus making the debt statue barred or otherwise nullified?

In the event a default judgment has been entered in my absence is it possible to appeal / revoke this judgement through a complaint or objection to the above mentioned agencies?

Many thanks,
 

PosComs

Well-Known Member
25 March 2021
28
1
124
Perth, WA
If a default was made that long ago it would be removed by now but check your credit report with Illion first ones free?