Nope.If the debtor signs for the summons/civil bill delivered by registered post does that act as acknowledging the debt?
Sure, why not? You are not seeking a mortgage.If for example returning to ireland 'debt free' but with a shot credit rating and then buying a house with cash in ireland, is that possible?
Nope.
Sure, why not? You are not seeking a mortgage.
Do absolutely nothing.
So what should a debtor do if they want their debts to disappear?
Don't contact the bank to acknowledge the debt.
Don't make any payment at all.
Go to Australia as the bank is very unlikely to bother getting a judgment against you.
Come back after 6 years, debt-free.
Hi Brendan first of all love the forum great work by all very helpful, I have a question, I have been living in Australia for 6 years now and I have no intention of returning home to live, the EBS have contacted my parents in Ireland wanting an address for me to send surrender papers for my apartment for me to sign for circuit court, if I do am I acknowledging the debt/or should I just have no contact at all by email, phone or letter. What should I do
Debatable. They have been known to try with old addresses esp unoccupied ones.Can they get a decision against.me whilst I am still living abroad?
Yes they can get a judgement against you. Also there is potential for an attachment order provided they have knowledge of the funds held in an account. You should get a search completed to assess whether a judgement has been obtained against you already.
Yes they can get a judgement against you. Also there is potential for an attachment order provided they have knowledge of the funds held in an account. You should get a search completed to assess whether a judgement has been obtained against you already.
Fair point. However, getting the judgement reversed would in itself involve appointing a solicitor. In that instance the solicitor could be served with the proceedings as he will be the agent of his client. In theory an attachment order could be obtained. However, in practise it tends to be extremely rare as any order would require prior evidence that the funds are in existence and in the ownership of the correct party. Where you are abroad and the address on the account does not correspond to the address held by the lending institution such an order would fail. If it were me I'd not be too worried about the prospect!I decent solicitor here would get a judgement obtained in such a manner reversed. The banks seem to think it is ok to post documents to empty houses etc. Once it is shown the defendant was never served the judgement will fall.
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