NT Civil Debt Claim - Service of Application/Summons

[Les Winter]

I had a Civil Debt Process proceed against me. The Claimant (I am guessing) sent the Application/Summons to my previous NT Residential Address. (I now live off shore and this was known to the claimant prior to service). The local court has heard the matter and made orders against me. In respect of "last known address", given the claimant knew I no longer lived there, has service been effected?
The country where I now reside is not a Hague Convention Member so that criteria of service does not apply. In the country where I reside, local law is that documents must be served personally. (not at an address or on another occupant)
(Note - for service of a document would prove difficult where I am, as the street has no name or lot number and difficult to identify)

 

[Paul Cott]

Hi Les,
Apart from the technical requirements of if service has been effected, were you aware of the proceedings when the orders were made, so that you could have defended them? If you were not, you may be able to apply to have the judgment set aside, which requires that you have an explanation for not turning up and defending the matter, but that you also have a prime facie defence to the claim. Good luck.

 

[Les Winter]

Hi Les,
Apart from the technical requirements of if service has been effected, were you aware of the proceedings when the orders were made, so that you could have defended them? If you were not, you may be able to apply to have the judgment set aside, which requires that you have an explanation for not turning up and defending the matter, but that you also have a prime facie defence to the claim. Good luck.

No. I did not know about the proceedings, nor did I know about the debt.

 

[Paul Cott]

Hi Les,
You might be apply to set aside the judgment in that case, depending on your jurisdiction, and if you have an arguable defence.

 

[Tim W]

It may also help if you have some kind of evidence that the plaintiff knew where you actually were.

 

[Les Winter]

I made an application and have had the judgement set aside. The subsequent new order is that the applicant serve me via email. I am reading legislation and I think that is not legal service. I believe the Federal Rules of service apply and must be served personally, in accordance with the laws of the country where I reside.. Am I correct?

 

[Tim W]

Firstly, just so I'm clear...
Is service by email one of the terms of your application, or
has an order for substitute service by email already been made?

I assume that you are consenting to substitute service?
And that you propose to dispute both the existence and the quantum of the debt?

On the assumption that you are genuinely willing to accept service,
then you may do better to use the more conventional "Diplomatic Channels" pathway.
Especially if you're in a country that is not a signatory to Instrument 14 - Thailand, for example.

 

[Les Winter]

I am not willing to accept service by email anymore than I would consent to crucifixion. The order made was for the applicant to serve application and documents via email.

 

[Tim W]

I am not willing to accept service by email anymore than I would consent to crucifixion. The order made was for the applicant to serve application and documents via email.

Is your problem with service by email, or with being served at all?

 

[Les Winter]

Is your problem with service by email, or with being served at all?

I don't want to be served for an action I can not attend to defend because I am overseas.