Roberto's Story

Roberto’s Story

Roberto was convinced by his girlfriend to sign up for a loan with her company that he ultimately couldn’t afford to pay back. The loan company sold the debt to a debt collector, who started Court proceedings against Roberto for the outstanding amount, which was over $40,000. Roberto didn’t understand what was going on, so he didn’t respond to the Court proceedings, and a default judgement was made against him. The next thing he knew, Roberto was summoned to an enforcement hearing.

By the time Roberto came to the enforcement hearing, he had already given the creditor his statement of financial position and supporting documents. He wasn’t sure what the hearing was about or what he needed to do.

Roberto connected with LawRight’s EH Duty Lawyer Service on the day of his hearing. Our volunteer barrister gave Roberto advice about the enforcement hearing process and Roberto’s options to negotiate a payment plan with the creditor or otherwise challenge the underlying default judgement. At the hearing, the barrister argued that the enforcement hearing summons should be discharged since Roberto had given the creditor all the necessary documents and had done everything he needed to do. The Registrar ultimately discharged the enforcement hearing proceedings to an end.

Without our assistance, Roberto would have had to negotiate the enforcement hearing process on his own, without any knowledge or understanding of his rights and options for dealing with his debt.

Our EH Duty Lawyer Service was able to help Roberto finalise the enforcement hearing so he wouldn’t have to keep coming back to Court.

by Tracey Press

Marie's Story

Marie’s Story

Marie had experienced domestic violence for over 15 years and was unaware she was liable for a $60,000 debt. She didn’t know the creditor and suspected the debt was from a contract her ex-partner had entered into. She was also reluctant to provide bank statements to the creditor, as they might disclose her location to her ex-partner.

LawRight’s pro bono duty barrister negotiated with the creditor’s agent to provide redacted statements and appeared in court to explain why Marie wasn’t complying with the court summons. Marie felt relieved and safe.

by Editorial Team

Sasha's Story

Sasha’s Story

Sasha believed the man she met on the internet who said he loved her and promised to visit but ‘in the meantime could she help him?’ Some goods were delivered to her that she packaged and sent on. The police were soon involved and told her she’d been scammed but her real distress came when the supplier of the goods commenced court proceedings for almost $20,000. Sasha could only just afford the low-cost home loan she had through a First Nations service, had no other income and many debts. She was worried she would lose her home and felt angry and embarrassed. Sasha sought help from a community support service in Cairns and was connected to LawRight’s on-site service. They connected her to our pilot Magistrate Courts Service. Pro bono lawyers from Brisbane worked with her support workers to help Sasha prepare and file a defence. The plaintiff discontinued the proceedings.

Our Cairns office continued to support this process and in conversation with Sasha learnt her car loan debt was adding to her stress. The loan didn’t meet responsible lending standards and Sasha was again connected to Brisbane lawyers who negotiated a loan refund of $4500 and fairer repayments.