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  1. landlubber

    Enforcing a VCAT order

    Costs .... how do I count thee ?? Hi Ned ... Depends on how you "add it up" and what you include. Purely direct costs of just VCAT /Magistrates Court/Sheriff .... A few hundred bucks. ALL IN GOV'T FEES I must point out !!! Lot's of personal time & travel though. No lawyer involved yet. I'm...
  2. landlubber

    Enforcing a VCAT order

    Not so fast young fella .... 21 Dec 2012 I should have known this wouldn't be that straightforward. We've been waiting since 28 Nov 2012 for our money. Today we received a "field report" from the Sheriff's Office dated 29 Nov 2012. This is a real body blow !! I quote the COMMENTS section .."A...
  3. landlubber

    Enforcing a VCAT order

    Buzz... good question. Residential with corporate tenant. LL
  4. landlubber

    Enforcing a VCAT order

    A nice phone call from the Sheriff - 28 Nov 2012 I had a surprise phone call from the Sheriff's office. The caller advised me he was the actual officer who had served the warrant on the ex-tenant. "Hi, pay up mate or I'm about to seize goods to the value ...". The ex-tenant decided to pay in...
  5. landlubber

    Enforcing a VCAT order

    Oh Sheriff where are thou ? On the corner of Bond St is a Legal Aid office. I ask for the Sheriff. Down the road , white building , you'll see the Centrelink signs. Off we go. Into the Centrelink building. My god how depressing. So many people. So many long queues. Outa there, rather be dead...
  6. landlubber

    Enforcing a VCAT order

    Magistrates Court 5 Nov 2012 We have our Certified Order (marked with an "A" on the reverse side.) We present ourselves at Ringwood Magistrates Court ready for "action". We fill out the affidavit. We sign it and swear it's the truth. Yes, he hasn't paid me. They take both and I wait. They also...
  7. landlubber

    Enforcing a VCAT order

    VCAT certified order arrives 2 Nov 2012 I applied in writing 12 October 2012. It arrived here yesterday 2 Nov 2012. It's merely a copy of the original with a rubber stamp "signed" to "ceritfy that this document is a true copy of the original document of which it purports to be a copy". I'm...
  8. landlubber

    Enforcing a VCAT order

    The judgement was for $1985 plus the bond. I've got the bond. LL
  9. landlubber

    Enforcing a VCAT order

    I've paid my $9.00 to ASIC for the current information. So I have the address etc. LL
  10. landlubber

    Enforcing a VCAT order

    The defendant is a company with ABN. LL
  11. landlubber

    Enforcing a VCAT order

    Thatbum....According to the VCAT Guide ... Monetary Order ( see link ) http://www.vcat.vic.gov.au/sites/default/files/guide-to_enforcing_a_monetary_order_in_the_residential_tenancies_list.pdf I can add my costs to the order. So my risk is if he goes broke. The defendant is quite a substantial...
  12. landlubber

    Enforcing a VCAT order

    This is painful .... I haven't been paid. To move this issue forward I have to apply for a Certified Order. Gees what red-tape BS !! You wait 60 days to go to VCAT to have your case heard. Then you wait 30 days for the ex-tenant to pay. He doesn't. Then to enforce your rights you have to go...
  13. landlubber

    Enforcing a VCAT order

    The order we have doesn't specify a time frame.... :( LL
  14. landlubber

    Enforcing a VCAT order

    Learning all the while .... The VCAT member also advised us incorrectly on the day. He told us the guy had "normal commercial terms" to pay. He said that meant 28 days. But the VCAT website clearly says "immediate payment". See link below. So I've wasted a month thanks to the member's poor...
  15. landlubber

    Enforcing a VCAT order

    Valid point. We self insure. Over the years we're well ahead. But, yeah, if I was smarter I should have insured this one. That's life ! Funny thing is the only IPs we've ever had "bad tenant" problems are our two "prestige properties". LL
  16. landlubber

    Enforcing a VCAT order

    We had a tenant damage an IP.....about $8K worth of damage. We took him to VCAT and won. He got off light. He is to pay us about $2K plus we got the bond. But he hasn't paid. Turns out VCAT can't force him to pay. We now have to apply to VCAT for a "Certified Order" ... even though it was...
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