Chasing down a civil personal debt

Discussion in 'Legal Issues' started by TMNT, 13th Dec, 2017.

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  1. TMNT

    TMNT Well-Known Member

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    Not being smart enough to be a lawyer. I ve asked vcat and gotten some decent answers but wanted to get a second opinion.

    I've just been to court recently for a goods and services not delivered and got an order against an individual for the amount of $5k.

    So according to court. There is now a judgement against his name which means pretty much no more credit cards or loans.

    I've been told my next step is to apply to Sherrif who will visit their place and try to confiscate goods (low probability of working)

    Next step is to garnish wages which means I have to find out where they work and if it's not payg I'm out of luck.

    What else can be done.

    Dont want to go down the route of hired goons quite yet.
     
  2. balwoges

    balwoges Well-Known Member

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    Into each life some rain must fall, you have taken all the steps necessary and will probably never see that money again. Just put it down to experience and be careful about who you deal with in future ...
     
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  3. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Enforcement proceedings in the Magistrates Court. In QLD they would have to attend and be examined on their assets. If they failed to attend then they can be issued a warrant.
     
  4. TMNT

    TMNT Well-Known Member

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    And what happens once a warrant is issued?
     
  5. LifesGood

    LifesGood Well-Known Member

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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Bankruptcy notice?
     
  7. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Enforcement warrant for their arrest by the boys in blue.

    At the enforcement hearing they have to divulge their assets income under oath.

    Then you get a an appropriate warrant, eg:
    1. a warrant of seizure (assets);
    2. a warrant of redirection (for a debt owed to them or earnings etc)
     
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  8. TMNT

    TMNT Well-Known Member

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    Is this for Victoria or qld?

    To be honest I've never heard of those processes here
     
  9. thatbum

    thatbum Well-Known Member

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    Do you know for sure that they have either an income or assets worth anything?

    If you don't, it might be a waste of further time and money.
     
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  10. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    I assume there would be something similiar.
     
  11. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Spot on. A lot of the time it is just not worth it
     
  12. TMNT

    TMNT Well-Known Member

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    no thank you, i would rather chase it down,
    thanks for your input though :)
     
  13. TMNT

    TMNT Well-Known Member

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    ok, getting a bit frustrated in even fidning out the process of the whole,

    youd think VCAT would have an idea,

    the judge on the day was explaining that it will be default on his credit file

    (I received a default in exactly the same manner a lifetime ago too, but I only found out years later)

    I called VCAT and wanted to know once a judgement has been made how long until it hits their credit file,

    apparently, credit has nothing to do with them,

    called up free legal advice, they didnt know either

    called up Legal aid, apparently, they dont know anything about the process too,

    seriously, How do I even find out what the process is?
     
  14. thatbum

    thatbum Well-Known Member

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    What's your plan exactly? It sounds like you're just going to waste more time and money on something you are unlikely to see any results from.

    Do you know there this person this? Or whether they have assets or income?
     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Many courts are linked electronically so it would be almost instantly on their credit file. I had one years ago for unpaid rates which i didn't know about.
     
  16. TMNT

    TMNT Well-Known Member

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    I don't really have a plan but I'm willing to put some time and effort in order to make it as difficult as possible.

    I know where this person resides. Well at least their family
     
  17. TMNT

    TMNT Well-Known Member

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    For the legally challenged. Is a judgement at vcat follows the default on the credit?

    Or is it something totally separate or a next step
     
  18. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I am grammatically challenged, or you are. That sentence doesn't make sense.
     
  19. TMNT

    TMNT Well-Known Member

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    well im challenged in many different ways but grammatically I thought I was ok, so now I feel bad.

    anyway, im trying to find out, once a judgement (terminilogy) is made at vcat, does it go onhis credit file as default straight away?
    the silly vcat lady looked at me like I had 3 heads and was like "i dunno, credit is not our responsbility, maybe you could hire a private credit company to lodge the default"
    which is obviously a croc of crap

    so im a bit confused, on what exactly happens because the judge said yep instant default lodged, yet even legal aid didnt even understand what a credit file was.
    the other vcat person started going on about going back to court after his judgement for warrants etc, which may be true but is as confusing as hell to me

    hope this makes it clearer
     
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  20. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You were asking the wrong people. Check with the credit reporting agencies - Veda used to be their name - I believe a judgment is automatically recorded on a credit file.