FAQ: Questions about Legal Action
A1. The basic process is as follows:
- The initiating process is raised and filed with the Court by our Solicitors
- The document comes back from the Court and is issued for service on the Defendant
- If the Defendant does not file a defense within the time allotted by the court, then Default Judgment is sought against them
- The court grants the Default Judgment which then allows for Enforcement Action to be taken against the Defendant
A2. No, the Defendant isn't required to pay the debt immediately, although if a Defendant enters into an arrangement at this point it would save them money in the long run.
A3. No, Debtors Prison was abolished.
A4. A Warrant for Apprehension (known by different names in states other than NSW) can be issued against a defendant who does not attend an Examination Summons.
The Warrant does not result in an arrest, it brings the Defendant before a Local Court to answer the questionnaire that wasn't answered at the original Examination Summons hearing.
