Chasing some one down for $$$

Discussion in 'Legal Issues' started by TMNT, 18th Jul, 2018.

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  1. TMNT

    TMNT Well-Known Member

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    ok, just a quick one ,

    I cant seem to get a straight answer out of any of the courts,legal aid or anyone I speak to, I would have thought its straight fwd

    so if Im suing an individual civilly,
    I go to vcat, done, got the judgement
    I register it at at my local magistrates court, and then pursue

    at which point is a default lodged on the indiviudals credit file?


    many life times ago, I had a default lodged under my name for a civil matter, but cant remember the exact circumstances as to when it was applied, (I only recall submitting my evidence by correspondance, and not hearing back ever again)

    pls only if you know the exact process, and no "go get legal advice" type comments
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    Take order to a debt collector and they'll handle all of that. They charge a fee and percentage etc

    Ive done this with tenant debts. Tribunal awards $x over and above bond. We're partnered with a debt collector so they don't charge us anything - they take the order and register it with magi court, garnish wages, list them in credit file etc.
     
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  3. 158

    158 Well-Known Member

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    The judgement will be listed on their credit file from a couple of days to a couple of weeks.

    Its now time to enforce the judgement. Doing this yourself is a fairly lengthy process and depending if you know their exact whereabouts, where they work etc. You have to decide how you are going to enforce dependent on the amount owed; garnish wages, seizure and sale of property etc - alternatively, if the amount is high enough, you can start the process to bankrupt them.

    As @D.T. said above, if you don't know the exact processes, it may be beneficial to outsource to a debt collector. They will take their cut of whatever they collect, but they are far more efficient than you will be unless you have all the time in the world.

    pinkboy
     
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  4. Terry_w

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

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    It may be that local court judgments are not listed on a person's credit file - not sure.
     
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  5. TMNT

    TMNT Well-Known Member

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    thanks guys, definitely happy to get debt collectors involved,
    just still unsure at what point it gets listed as a default, youd think that the magistrates court, tribunal and legal aid knew exactly what was going but all of them looked at me like I had three heads

    for the record, many years ago, I was sued civilly for a online transaction, I represented myself by correspondence as it was interstate, I never heard anything back, and a few years later realised there was a default on file when one of my bank accounts was frozen.

    the other time I had a dispute with my fees for uni, I kept on disputing them, they wouldnt back down, in the end I got served to appear in court, but the default had already been lodged on my credit file, I had the default removed/set aside as I was appealing it, went to court, came to an agreement with uni, and all done and dusted, a long process to prove my point and let common sense prevail
     
  6. TMNT

    TMNT Well-Known Member

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    pinkboy at what point is it listed, my judgement was awarded dec 2017, the options given to me by the local court are in the pdf ive attached,
    its quite frustrating because (excuse the rant) but i was gobsmacked when I asked multiple people at multiple courts they all replied, "im not too sure what you are talking about" to "oh credit is not our department" to "never had that question in my life"

    DT, do you have an arrangement because you are a PM, and what sort of success rates do they have

    I dont have the time nor patience, nor do I want to do the debt collectig,
     

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  7. thatbum

    thatbum Well-Known Member

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    Its because they have nothing to do with credit reporting - its something the credit reporting agencies do of their own volition.

    I'm pretty sure they trawl for judgement debtor public information, and supply it as extra info as part of credit checks.

    What I'm not sure of is how good their info net is, and how quickly it works.
     
  8. TMNT

    TMNT Well-Known Member

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    i honestly thoguht defaults were part of the process? like a warrant

    eg once the paperwork is done, the warrant is issued
     
  9. thatbum

    thatbum Well-Known Member

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    No it has nothing to do with any enforcement proceedings.
     
  10. TMNT

    TMNT Well-Known Member

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    So how or who or when do defaults come into the equation

    I know telcos etc can just put them on people's file.
     
  11. thatbum

    thatbum Well-Known Member

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    Are you sure? I don't think they "can just put them on" anyone's file.

    Maybe if you breach a credit contract with them...

    Its actually very limited how and what can appear on those things.
     
  12. TMNT

    TMNT Well-Known Member

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    I read many cases about people who are young and stupid who don't pay their bill and move or think it's a case of ignoring them who end up with a Default

    I also got a default years ago too :(
     
  13. WattleIdo

    WattleIdo midas touch

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    True. One guy threatened to list a false default for me when I insisted on leaving telstra back in the turn of the century when everyone was leaving. I thought it couldn't happen. Years later when I was going for LMI the bank told me about this default on the credit file. I'm meticulous about bills and payments so it took a while but when I remembered what happened, the bank (creit union) had it removed for me.
     
  14. Terry_w

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

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    I have heard that the reporting agency has an electronic link to the courts so that judgments are listed automatically. But this apparently doesn't include the lower courts such as the small claims court in nsw. Heard this from a debt collector.

    Also consider with telcos it is probably contractual. The consumer is agreeing, under contract, that any credit defaults would be notified to a credit reporting agency. Because the size of telstra etc they would have an automatic hookup too.
     
  15. GetRIDof5CENTpiece

    GetRIDof5CENTpiece Well-Known Member

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    For your Telco's, Utilities, Retailers etc. they have a contract with the Credit agencies (Veda/D&B etc.) to be able to list the default. In most cases it is a free service to list a default for an overdue bill, but you pay to recall (in the case of an incorrect listing) - and you pay to do credit checks.

    Which is why they allow you to "list for free" - as it builds up their database making it a more attractive proposition for credit providers to want to credit check prospective customers with them. Hope that makes sense.
     
  16. TMNT

    TMNT Well-Known Member

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    Ok guys. So st which point can. A debt collector get involved? Surely it has to go to court first? As it will be he says she says.

    In my situation, ive alrrayd been to vcat., got the judgement and registered at the local magistrates court after that
     
  17. Terry_w

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

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    At any stage. But you have a judgment so now would be a good time.
     
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  18. TMNT

    TMNT Well-Known Member

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    And when would the default be applied to his credit file?
     
  19. Terry_w

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

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    At judgment or when the contracts between the parties permits.
     
  20. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    And not chasing them can result in expired rights to collect. Statute of limitations can apply to debts.