Were in a bit of an unusual situation. A few years ago i borrowed money form a person back in a different country me and

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Customer: Hello.
JA: Hello. How can I help?
Customer: were in a bit of an unusual situation. A few years ago i borrowed money form a person back in a different country me and him are citizens of. I have paid back my debt. He wrote a note by hand where he himself states he has received the debt i later moved to new zeland (im a citizen of nz). Ow i live in Australia while i have been absent from that country he claimed he did not receive the money he got an order from that country and now he is trying to enforce that order in new zealand
JA: Have you talked to a lawyer about this?
Customer: i had a lawyer on this case bit i an not able to pay him anymore since i make very little income
JA: What steps have you taken so far?
Customer: The case is in court. I have tried to appeal this decision in russia, but im not present there, and i dont have an attorney there so they basically disregard all my evidence and his note and made a court order in his favor i want to dispute this in NZ. I dont even live there anymore. Ive paid this debt. I have a copy of his note where he states that himself.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont really know what else should i let him or her know)
Answered by Chris The Lawyer in 4 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
Customer
Hello
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Chris The Lawyer, Expert

Is there an Australian court order which they are trying to enforce in New Zealand? How much is this for? Can you afford to pay or are you unable to do so? What would happen if you apply for bankruptcy?
Customer
Its a court order they are trying to enforce in New Zealand. I am no longer a resident of New Zealand. He is a citizen of Russia and all of this took place in Russia. It seems to me like this matter is not in New Zealand's jurisdiction at all, but the case is ongoing in NZ at the moment
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Chris The Lawyer, Expert

Do you have assets in New Zealand?
Customer
its for 90,000. I of course cannot afford to pay for it. And i dont want to since I actually paid him back in 2015
Customer
I do not have any assets in NZ
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Chris The Lawyer, Expert

What is the point in trying to defend this if he cannot get any money? I understand if you want to do this out of principal of course. But the Limitation Act would likely apply in New Zealand for a debt this old. Is he doing this through lawyers? What documents has he filed in New Zealand

Customer
I have no idea) I dont know what to do though. He is doing this through attorneys. I cannot afford one and dont know what will happen if he wins. I paid himm off back in 2015 and have a scan of his letter stating he received all the money and we're good. But his Russian court order is recent (he filled and won^ since I wasnt even in the country and no one was present from my side). What will happen if he wins in NZ? is it possible to cancel this case in NZ since neither one of us is a resident in NZ?
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Chris The Lawyer, Expert

Has he filed a claim in a New Zealand court?
Customer
Hi
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Chris The Lawyer, Expert

Which court and do you have a copy of the papers? What does it say they are trying to do?
Customer
he wants to enforce the russian court order in NZ
Customer
if the court order will not ebe enforced in NZ he wants to restart the process in NZ
Customer
Napier district court
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Chris The Lawyer, Expert

It would help if I understood exactly what he has filed in court as that would enable me to tell you what you need to file in response. Have you filed anything in response already?
Customer
my attorney back than did file something
Customer
im supposed file something else on 10th of june
and then there will be a hearing on 30th of July
May be I could hire someone just to attend that meeting
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Chris The Lawyer, Expert

You can. Generally the District Court does not have jurisdiction over foreign judgments however. Is he applying for summary judgment?
Customer
he is
Customer
found the last paper
by May 22nd he is supposed to file
1) any application for summary of judgement
2) any affidavit evidence in relation to its apllication to set aside the protest to jurisdiction or application for summary of judgement
Customer
by June 19 Im supposed to file and serve a) any notice of opposition to any apllication for summarry of judgement
b) any affidavit evidence relating to the plaintiffs apllication for an order setting aside his protest to jurisdiction or apllication for summary judgement
Customer
no idea what any of this means or what to do
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Chris The Lawyer, Expert

Have you filed the notice of protest and affidavit which attach a copy of the receipt showing this was paid?
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Chris The Lawyer, Expert

What documents have you filed?
Customer
i dont even know my attorney (when i had one was filling it) can i schedule a call with you for a friday evening or Saturday? Ill get all my papers together and will be able to answer all the questions
Customer
But the main question really is
Customer
is it possible to crush it in NZ completely? since im no longer a resident. He is russian. All of this took place in Russia. And it seems like its not NZ jurisdiction at all. it makes no sense to have this case in NZ
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Chris The Lawyer, Expert

I can see some serious problems with limitations and jurisdiction without having see the papers. Foreign judgments can be enforced but only where there is a proper claim within time. It could be dismissed and I am surprised he is claiming in the District Court.
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Chris The Lawyer, Expert

But if you want to talk by phone that’s a good idea
Customer
would Friday evening work? around 6 pm?
I can book it through here right?
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Chris The Lawyer, Expert

Hi
Customer
ok lets keep the thread open than. Ill get all my papers and Ill schedule a call on Friday
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Chris The Lawyer, Expert

I have sent the invite so lets talk when you are ready

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