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Posted by birdman 12 years ago.

NZ Debt followed me to Australia

I had a debt in New Zealand for an unpaid personal loan that has now been sold on to an Australian collections agency. The agency is now threatening legal action through the Australian courts.

Does the debt not still fall under the original conditions of contract making it subject to New Zealand law? Just wondering if anyone has had similar experiences?

3 replies, the latest on 28 November 2023.
Reply from graciedeska 12 years ago.

Hmm I think you should consult a lawyer on that one. I have heard of New Zealanders having their NZ debt chased in other countries, so it wouldn't surprise me if they can do it in Australia.

Reply from marlenamay 12 years ago.

Hi there I was wondering if anyon had a answer to the above. I to had a debt in NZ with GEC Finance. I've been told that they can't chase you here and they can keep hassling you for 5 years.

I've also been told that that they will put a Court Garnish on me which they will take money out of my wages/salary.

I just need to know what options I may have. As to be honest seriously how is it they can find you in the first place???? What happened to privacy???? I don't know but they only way they can find out these information if it's through ATO... as they have all your details???

Reply from rare-japan 5 months ago.

If you have debt in NZ and are living in Australia, it is possible for the NZ creditor to seek a court judgment against you, firstly in NZ. The creditor can then register the judgment in Australia so it becomes enforceable here.

But obviously there are legal costs involved in them doing so and therefore it will largely depend on how much you owe. If you owe tens of thousands or more, then that I guess you can assume it is more likely.

It sounds like the NZ judgment can be registered in Australia until it is 6 years old.

Source - https://www.blueocean.law/faq/what-types-of-new-zealand-nz-court-judgments-can-and-cannot-be-registered-for-enforcement-in-australia

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