Compensation ordered but defendant in gaol

Hi all,

I had a investment property last year which was broken in to when vacant and just before a Tennant was moving in after I refurbished it.

The damage caused was significant. Long story short the guy was caught and just over two weeks ago was sentenced to 5.5 years gaol and a compensation order was made for just over $57,000.

Two obvious issues:

1) The guy is in a correctional centre for a while so I won’t be able to garnish any wages.
2) Even when he’s out, for someone to do such an act makes it highly possible he won’t have the capacity to pay it.

Note: unfortunately I was just in the middle of changing insurance policies and wasn’t insured for that week. Just my luck!!!

I was advised by legal aid to fill out a UCPR45 - Cerificate of Order of Judgement. Apparently this order lasts for 12 years but the process is they may be able to see what assets he may have and as it lasts for 12 years use it to garnish his potential future earnings. Note: this may not all be 100% accurate, just what I got from some person from legal aid.

When I got to the last page of the form it asked for the defendants residential address, I asked legal aid and they said you can’t put his correctional centre details in and must be a home address. The guy does not have a residential address and has always been couch surfing according to the police officer. I told them that and they had no other answer to give.

Am fully aware my options are very slim to none but am hoping there is someone here who can give me any recommendations at all to salvage anything at all.

 

Were you insured and they refused the payout or were you uninsured? You have a better chance of fighting an insurer’s refusal to payout than ever collecting against someone in the circumstances you have described.

 

No that’s the part that hit me the most. For that period of 2 weeks I was not insured. My other insurance finished and I advised them not to renew and was looking around for another insurance but just got caught up in a couple of things and left it for a bit then this happened. Tragic I know...

 

Surprisingly, my insurance company said they would honour an insurance claim if someone just forgot to renew for a couple of weeks (though I’ll believe it when I se it!).

But I guess if you formally ended the insurance that might be different?

 

Yea I tried that but that’s when I started with depression when it was confirmed I formally did end my insurance with them. Was happy to get the order compensation but now knowing all this I feel like it’s useless.

 

$57k in damage!?!?!!?

Damn.. That's horrible luck.

I don't know what to say

 

I don’t like your chances.

With a 5.5 year jail sentence and a big compensation payment pending, what’s the odds he will declare bankruptcy, and serve out the time while in jail?

By all means follow as many recovery avenues as you can, but beware of spending any more money on fees etc.
Marg