Can a claim in small claims court lead to action on my IP?

[donkey]

I write to ask if a claim against me in the small claims court nsw can result in action being taken against my investment property?

I live abroad and have been paying an old guy to look after my pet. 2 yrs ago I put it in writing that I would pay $150 a month. Then after a yr I took my fury friend away from the old man and paid a friend looked after him for 3 months. It didn’t work out and I verbally negotiated the old man to take him back at half the previous monthly fee.

Now I’m receiving crazy emails stating that if I don’t reimburse him, pay for updated vaccinations and sign the pet over to him permanently that he will take me to the small claims court in the local country town where he resides.

If this goes to court and I ignore his requests and ignore court notices can this have repurcussions on my investment property? He knows the address. Could his solicitor legally add something on the certificate of title- if he wins and if I don’t pay up? There is an existing mortgage on the property.

Does a court notice have to be served on me?? If his solicitor or the court posts documents to my po box which is then immediately returned to sender. Is this an issue for them?

Many thanks

 

[Nemo30]

Why not give him an option. He obviously likes the pet.

He keeps the pet and there is no further payment.

Or

You pay him what you agreed to pay him in writing and you take the pet and you no longer have anything to do with the man.

 

[marg4000]

He is looking after your pet for you, why on earth would you completely ignore him?

Sounds as if he would easily be able to establish you had abandoned the pet.

If it goes to court you are bound by the decision. Any monetary penalty can be enforced, against assets if you fail to pay.
Marg

 

[Terry_w]

I write to ask if a claim against me in the small claims court nsw can result in action being taken against my investment property?

I live abroad and have been paying an old guy to look after my pet. 2 yrs ago I put it in writing that I would pay $150 a month. Then after a yr I took my fury friend away from the old man and paid a friend looked after him for 3 months. It didn’t work out and I verbally negotiated the old man to take him back at half the previous monthly fee.

Now I’m receiving crazy emails stating that if I don’t reimburse him, pay for updated vaccinations and sign the pet over to him permanently that he will take me to the small claims court in the local country town where he resides.

If this goes to court and I ignore his requests and ignore court notices can this have repurcussions on my investment property? He knows the address. Could his solicitor legally add something on the certificate of title- if he wins and if I don’t pay up? There is an existing mortgage on the property.

Does a court notice have to be served on me?? If his solicitor or the court posts documents to my po box which is then immediately returned to sender. Is this an issue for them?

Many thanks

There are many issued here but if he obtains a judgment aganist you he can the apply for an order to sell your property to recover the judgement debt. Very easy.

You should seek legal advice quickly. If you ignore this he will get a default judgment

 

[donkey]

Thanks for your opinions.

If the old bugger has put in an email his terms. i.e he told me pay the vet bill for up to date vacinations and sign the legal transfer doc to him OR he will take it to court.... is this email legally binding?

If I comply and pay the vet bill and sign the council doc to transfer my fury friend. Its all done properly and then 2 weeks later he still plays games and takes me to court to get extra money- is this initial email from him + the vet bill that I paid with credit card + the signed doc to the council... enough evidence for me to fight him in court? I have paid all monthly payments via bank transfer and its all up to date.

This guy is unpredictable and thus I would like to know where i stand if he plays further games.

thanks

 

[datto]

If it goes to court you are bound by the decision. Any monetary penalty can be enforced, against assets if you fail to pay.
Marg

I don't think the property could be sold up for a piddly amount?

Maybe a writ of execution to sell chattels or a garnishee of wages perhaps.

 

[marg4000]

I don't think the property could be sold up for a piddly amount?

Maybe a writ of execution to sell chattels or a garnishee of wages perhaps.

This person says he lives abroad so options limited. If property is his only Australian asset then yes, it would be subject to a court order.
Marg

 

[marg4000]

Thanks for your opinions.

If the old bugger has put in an email his terms. i.e he told me pay the vet bill for up to date vacinations and sign the legal transfer doc to him OR he will take it to court.... is this email legally binding?

If I comply and pay the vet bill and sign the council doc to transfer my fury friend. Its all done properly and then 2 weeks later he still plays games and takes me to court to get extra money- is this initial email from him + the vet bill that I paid with credit card + the signed doc to the council... enough evidence for me to fight him in court? I have paid all monthly payments via bank transfer and its all up to date.

This guy is unpredictable and thus I would like to know where i stand if he plays further games.

thanks

Get him to sign an agreement that if you pay $$$ (expenses to date) and transfer ownership to him then all claims on you end.
Marg

 

[o0o]

Is it a cat or dog?
Can you post some photos of your furry friend thanks.

 

[Terry_w]

In NSW see Part 44 of the Local Court Rules about seizure of land
http://www.austlii.edu.au/au/legis/nt/consol_reg/lcr180/index.html#s44.05