Chasing down a civil personal debt

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

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  1. BigBadBanana

    BigBadBanana Active Member

    Joined:
    15th Jul, 2016
    Posts:
    35
    Location:
    Central Victoria
    To be able to enforce, you will need to register the VCAT order in the Magistrate's Court (no fee, easy to do). Once it is registered with the Magistrates' Court, the Magistrates' Court can enforce it (think about that process as translating the order into the right language).

    You then have a number of options:-

    a) Summons for Oral Examination - debtor will be summoned to the court to fill in an extensive questionnaire as to their income and assets. If they don't turn up, you can have them arrested by the police. This process is good in determining whether or not you bother enforcing the debt...can't get blood out of a stone

    b) Sheriff's warrant - sheriff can seize assets t the value of the debt...takes a few months, but if your mate has no decent assets, the sheriff will return the warrant. A judgment debtor can keep certain assets that can't be seized (car up to $7,500.00, tv, fridge, couch, bed, etc...)

    c) Attachment of Earnings - you can garnishee wages if they are employed. If they are self employed this is pointless.

    d) Bankruptcy Notice - if the ORIGINAL debt is over $5,000.00 you can send a bankruptcy notice, giving your friend 21 days to respond. If he doesn't, it is deemed an act of insolvency, and you can file a creditors petition, which is essentially the application to start the bankruptcy process.

    Hope the above helps!

    Source: I have sued over 7000 individuals and companies through the Magistrates' Court..
     
    TMNT, Perthguy, Terry_w and 1 other person like this.
  2. Hamish Blair

    Hamish Blair Well-Known Member

    Joined:
    29th Sep, 2015
    Posts:
    489
    Location:
    Melbourne
    @Terry_w I think Veda is now Equifax. Yes that US company which was recently hacked (but not their Australian business).

    BTW Australia has new mandatory data breach regulations coming in 1 Feb. means large organisations can’t sit on such things anymore.
     
  3. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    thanks my friend,

    this is the sort of reply I was looking for, ive spoken to vcat on 3 different occassions,
    legal aid, consumer affairs, and all couldnt give me a straight answer

    edit: feel free to ignore or PM, but how do you go abouts suing 7000 people!?!
    I dont think even a bitter american could have done that!

    ive always wondered, the only info I needed of the individual was a name and address, is it really possible to have them arrested after they dont show up to a oral examination?
     

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