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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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The Australian Department of Human Services claims I owe some

Customer Question

The Australian Department of Human Services claims I owe some £7000 in child support and has contacted me via a Scottish legal firm threatening to seek a judgement in the sheriff court for the amount.
I do not believe I owe any arrears, and believe the alleged debt is a result of miscalculation, unwarranted assumptions and deliberate deceit on the part of my ex-wife.
Is it possible to legally challenge this matter in a Scottish court?
I should mention that I am retired and have extremely limited financial resources and could not pay this alleged debt even if I considered it legitimate.
Any advice would be much appreciated.
Thank You.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The merits of the Australian order cannot be argued in a Scottish court. The Scottish court is only used to register an order from Australia for enforcement in Scotland.
To challenge the actual order, the correct jurisdiction is Australia. That will also be the reason that you won't get legal aid in Scotland as this is not a Scottish matter of law but an Australian one.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
In the event of a judgement for the amount claimed being entered against me, what will happen when I am unable to pay? I receive a very small monthly pension and have no other financial resources. My only significant asset is my home, which is owned jointly with my long-term partner (both our names are ***** ***** title). Could I be forced to sell it? This is a genuine "can't get blood out of a stone" scenario. What's the worst that could happen? Any advice would be appreciated.
PS: I do not have a computer at home and use my local library, which is not open every day, so there's inevitably a delay in responding to emails.
Expert:  JGM replied 1 year ago.
The worst scenario is that they use the order to make you bankrupt in which case a trustee in bankruptcy could sell the house to use your half share of equity to pay the debt and the expenses of the sequestration.