Court order enforcement

Hi,

One of my tenant did runner. PM did try to recover rent due and damages money from tenant but was not successful.
We went to court and got a magistrate order (tenant did not appear in court) asking tenant to pay $5211.00.

Tenant has not paid so far. How can i enforce order on her ? Which steps i should take which r not costly and will force my previous tenant to pay the amount of order ?

With regards,
Rooky

 

Was the rental property in WA?
Do you have landlord insurance?

 

Do you know where they are?

Do they have assets or income?

If the answer is no to either of the above, there's a reasonable chance it won't be worth your time to commence enforcement proceedings.

 

1. Find the tenant
2. Get serif out there to seize property - if any + garnish bank accounts.

 

Goes to show "the system" is flawed !
You go to court and win, the defendant may have a ruling against them but still doesnt pay......
So you spend more hard earned with "the system" to recover what is legally yours.
The defendant claims hardship or declares bankruptcy and walks away !
If only this was the wild west !!!!

 

It is, but what is the alternative?

 

I can't disagree @Terry_w
Hence the Wild West comment (I'm focused and determined, with a bigger stick)

Even if the sherrif is sent, they can't be left without "modern essentials" so recovery from some bottom feeders is a pointless and stressful.

I believe in Karma, but am sure getting bored with waiting for it to be served !!!!

 

See if you can garnishee her Centrelink payments.

 

i got a judgment against a tenant in vic for about $3000 many years ago. I just let it expire in the end.

 

Several years ago my car was stolen crashed and the thief caught. I was in a similar position to the OP, sent the NSW sheriff to collect possessions but the thief claimed everything in the unit was his flat mates.
I was told by the court that centrelink payments cannot be garnished.
I received no compensation what so ever.The expensive lesson learned here was to insure against ratbags or wear the costs which ever is the more economical.

 

Is that the sans serif or someone else?

 

Yes, property is in WA.
I learned hard way to make sure to get landlord insurance. Unfortunately, I did not have it when tenant did runner.

 

How to find her address? PM does have her dad's address which she gave to PM for letter forwarding after she did runner.

How much does it cost if sheriff seize property ? How can I find out her bank account? She does receive some Centrelink payment. Can I touch that payment via court order?

 

Some kind of system that will garnish a proportion of all their future wages indefinitelt until its paid offf.

Tax return money to be garnished as well.
Centrelink paymnts to be garnjshed.
Any lump sums to be garnished

Some kind of parole for finances where they have to report in

 

Sounds like you need to do some research.

I doubt you could take her centrelink payment.

 

That is the current system, but there is a minimum amount that cannot be touched as they need some money to live on.

 

Look for the low life on Facebook, it’s surprising what people sometimes post. Call her dad and ask for her address. A little digging should lead to her address.

Make sure your PM lists her on TICA so some other poor scmuk doesn’t become her LL.

And Rooky, get some Landlord insurance, Rooky mistake. The system is set up so the landlord is nearly always the loser.

 

sorry to hear. were you able to get anything from the bond?

 

im no lawyer but I know for a fact that if they get a lump sum its garnished, if they get a big tax return its garnished, Does NOT occur,

Like I said, more there should be a system where any incoming funds are all frozen first , and then the basic living expense is taken out , and not a semi self declaration type of system

 

yeah landlords insurance is $300 -$350 odd per year for the average IP, is so worth it, I originally was like you and hated paying for anything ranging from insurnace, land lord insurance, PM fees, this fee, that fee, but after a while I just accepted the ones that I thought were essential and built it into my cost calculations and never got upset over them again,

in fact, I had a stage where 90% of my IPs were insured, the remaining 10% was oversight, and take a guess which IP tenant left $1800 worht of arrears at $300 per week????