Court orders defendant to pay up but they don't have assets/cash?

[Tone]

Hi Guys,

What are some likely scenarios if a court orders a the defendant to pay the plantiffs costs after winning a case and the defendant does not have assets or cash or even super.

They would have to declare bankruptcy or pay off the costs through sper?

When declaring bankruptcy do you still need to pay your debt when coming out of bankruptcy?

I need to know if its worth while suing when you know the defendant has absolutely no assets and will do everything in their dodgy mind to not pay up.

Cheers

 

[thatbum]

Its probably best to get specific legal advice on your situation for the best answer - there is no one size fits all answer unfortunately.

Its a not a great situation to be in as a judgement creditor, but there are ways to make the best of a bad situation.

 

[Truly Exotic]

juts remember, its expensive to make someone bankrupt to,

at least $2000 just for the application/paperwork

so if its a small amount, most people dont unless they really want to teach them a lesson or have $$$ to throw away

 

[Terry_w]

Can't get blood out of a stone!

If they have a judgment debt against them in your favour you could do a few things such as apply to seize and sell their property including real property such as land. If they have none then you may apply to garnish wages or bank accounts. Keep in mind there is a minimum they get to keep and you may only garnish percentage amounts over this minimum.

If the debt is over $10k then you could begin bankruptcy proceedings against them. If bankrupted their super is generally untouchable and the debt is wiped (hecs and tax debts, fines etc are not). They usually are in bankruptcy for 3 years

 

[Tone]

Can't get blood out of a stone!

If they have a judgment debt against them in your favour you could do a few things such as apply to seize and sell their property including real property such as land. If they have none then you may apply to garnish wages or bank accounts. Keep in mind there is a minimum they get to keep and you may only garnish percentage amounts over this minimum.

If the debt is over $10k then you could begin bankruptcy proceedings against them. If bankrupted their super is generally untouchable and the debt is wiped (hecs and tax debts, fines etc are not). They usually are in bankruptcy for 3 years

Say if they have no property, no income (pension only), no savings, no super and only 1k in household chattels.

Still worthwhile pursuing?

 

[D.T.]

Say if they have no property, no income (pension only), no savings, no super and only 1k in household chattels.

Still worthwhile pursuing?

No. Probably not. How much do they owe?

They could own the same as you described above but have millions of dollars in a trust structure

 

[Terry_w]

Say if they have no property, no income (pension only), no savings, no super and only 1k in household chattels.

Still worthwhile pursuing?

Depends on your definition of 'worthwhile'.

You would be very unlikely to ever get any money back from pursing things further. It would cost you more money for court fees etc.

Don't forget you don't have to enforce the judgment straight away. You could wait a bit and if they do come into some money pounce then - e/g inheritance.

Make sure you seek legal advice on the time frame you have to enforce.

 

[NatMerc]

Hi Guys,

What are some likely scenarios if a court orders a the defendant to pay the plantiffs costs after winning a case and the defendant does not have assets or cash or even super.

They would have to declare bankruptcy or pay off the costs through sper?

When declaring bankruptcy do you still need to pay your debt when coming out of bankruptcy?

I need to know if its worth while suing when you know the defendant has absolutely no assets and will do everything in their dodgy mind to not pay up.

Cheers

The short answer is you're probably throwing good money after bad if you're suing someone with no assets and no intention to pay. Do they have a job, if so there's always a chance of getting an attachment on their earnings?

 

[see_change]

Say if they have no property, no income (pension only), no savings, no super and only 1k in household chattels.

Still worthwhile pursuing?

Depends on how p...sed off your are..

Never taken legal action against anyone and I'd do anything to avaoid it , however IF I was subject to the false bid that was documented on the forum recently I'd be very tempted just to get back at them .

Cliff

 

[kathryn d]

As someone else said, you can get the judgement, and then just sit on it.

In Canada, we can hold the judgement up to 20 years.
This year alone we put judgements against 18 tenants.
First the Sheriff goes after their bank account, then their wages.

It usually takes us about 2 months to start to get anything..except phonecalls/emails from the tenants demanding for us to unfreeze their bank accounts. We politely tell the tenants it is out of our hands, as they had their chance to pay.

Even if we never received a cent, the $200 is worth it.

Two occassions I know of, our tenants declared bankruptcy.
Ah...sweet revenge.