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 - Safety in court

Marie was scared the court process would expose her location to her abusive ex

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 Staff Editor