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  1. Terry_w

    Enforcing a VCAT order

    That is a fair bit of money In summary: 1. You can't get paid unless you find these people (or their assets) 2. You can't get paid unless they actually have something you can legally take 3. Cars etc may not be in their names, or could have been sold, or could be under the threshold 4...
  2. Terry_w

    Enforcing a VCAT order

    How much is your debt for? Private investigators are expensive. I had a $2500 judgment against a tenant and just didn't bother enforcing it.
  3. Terry_w

    Enforcing a VCAT order

    I am not sure how you will go with the vehicle. Maybe look into it. If a person is bankrupted they are able to keep their vehicle to up to a certain value. This used to be around $8k i think Also, do you know if the vehicle is in his name (and not a spouse/child etc). Is it financed? The...
  4. Terry_w

    Enforcing a VCAT order

    There is no easy way to find people first point of call maybe do a land titles search to see if they own property. If they don't then consider giving up there are then as they may not have any money to pay you. Next step would be to do an ASIC search to see if they are a director or a...
  5. Terry_w

    Enforcing a VCAT order

    do you have a judgment against company? if so you migt want to look into issuing a statutory demand. if you do this the company will have 21 or 28 days to pay. if they dont then they will be presumed to be insolvent and you can then apply to have the company wound up. what usually happens is...
  6. Terry_w

    Enforcing a VCAT order

    There cannot be any guarantee of payment as it is possible the person has no money or assets. Seizing property is one option, another is garnishing wages - need to know where they work. You may be able to get an examination summons and order them in court to answer questions regarding their...
  7. Terry_w

    Enforcing a VCAT order

    Yes, no debts or disputes afoot.
  8. Terry_w

    Enforcing a VCAT order

    This would really depend on how it is done and under what circumstances. Possibly $2000 and up. If you are a director or member and the company has stopped trading then I think you can apply to ASIC for free.
  9. Terry_w

    Enforcing a VCAT order

    The statutory minimum for serving a statutory demand is $2,000. It would be best to use a lawyer to draft the demand for you as any defect would enable the other partner to challenge it. The document doesn't have to be lodged at court, it is just drawn up and served on the registered address of...
  10. Terry_w

    Enforcing a VCAT order

    That is great. How much was the judgment for? With companies you can issue a statutory demand and they must pay you within 28 days or you can wind up the company. See corporations act s459 from memory See a lawyer ASAP
  11. Terry_w

    Enforcing a VCAT order

    Is the defendant a person or a company?
  12. Terry_w

    Enforcing a VCAT order

    The only difference would be the courts or tribunal wanting to give the debtor some time to raise the money.
  13. Terry_w

    Enforcing a VCAT order

    A judgment could and often do include a time frame. This would be binding on the person who it was entered against. If there was no date specified then it would be immediately due. Probably in VCAT they would be mainly dealing with small debts so they may not list dates, but in the courts it...
  14. Terry_w

    Enforcing a VCAT order

    Usually the order will specify eg "$2,000 payable to the landlord within 28 days".
  15. Terry_w

    Enforcing a VCAT order

    Thanks for reminding me. I have a VCAT order against a tenant from 10 years ago for $2000. I didn't bother enforcing it because it was so small and I didn't know where the tenant moved to. Limitations Act would probably prevent me from enforcing it now. If you don't know where they are then...
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