QCAT Found in our favour - next step ?

[L and P]

I'm hoping someone can point me in the right direction.

I'm waiting to hear back from my property manager but to be honest I don't have much faith in her.

We ( actually the agent ) took our tenant to QCAT for loss of rent and costs associated with cleaning and repairing the property after he just abandoned the place. It was found in our favour to the tune of nearly $2500.

What is the next step now ?

I have called a debt collection agency but it seems like to recover a debt like that it will cost us approx $900 !

Can anyone recommend a collections place in Brisbane or an alternative solution.

 

[thatbum]

...ask the tenant to pay you?

 

[L and P]

Thanks We already tried that, hence why we ended up taking him to QCAT.

 

[thatbum]

Did you get default judgement? Or was it after a disputed hearing?

Either way you should ask again now that you have judgement entered in your favour. In writing and with a reasonable time to pay.

After that it gets a bit trickier.

 

[L and P]

The paperwork that has been sent to me from the agent is stamped by the court and states -

It is ordered that :
1. That the respondent pay to the applicant the sum of $xyz

I'm embarrassed to add that this happened mid January. I won't go into the details of my life but suffice to say this is the first opportunity I've had to get onto chasing it up.

Do I go straight to someone like Dun and Bradstreet or have a solicitor send a letter of demand ?

Thank you for your help

 

[thatbum]

Feel free to go to a solicitor but they aren't doing anything you can't do on a letter of demand (apart from a shiny letterhead and some fancier words perhaps).

Just write your own letter of demand.

Otherwise the merits of judgement enforcement depend on the circumstances of the judgement debtor. So what do you know about them?

 

[L and P]

I agree with you totally about a solicitors letter - next to useless in this case.

Please explain to me in simple terms what your last sentence means .....

Thanks so much for your help

 

[thatbum]

In short, it depends on how easy it is to enforce the judgement. Things like where the tenants are, how much money or assets they have, etc etc.

Otherwise sometimes its a better use of your time and money to simply write off the debt.

 

[Spades]

The Law is in favor of who?

It's a farce and a money making machine.

There must be better way than clogging up the court system.

Maybe IF lol centrelink hooks with australia post,maybe they could almagate there lol.

Cheers Spades.

 

[thatbum]

The Law is in favor of who?

It's a farce and a money making machine.

There must be better way than clogging up the court system.

Maybe IF lol centrelink hooks with australia post,maybe they could almagate there lol.

Cheers Spades.

I'm not exactly sure what you're saying - but if its a general grievance about the legal difficulties of enforcing a civil debt I'm not too sympathetic.

Not when mechanisms like company limited liability and trusts for "asset protection" screw over creditors for much more money than a few tribunal debts on tenants.

Funnily enough I don't see many forumites complaining about how unfair trusts are.

 

[lee.omare.com.a]

Do you know the tenants current contact details, current address and bank account number? If you have those in NSW the Sheriff can collect on your behalf. The cost is over $300 though. Cheers

 

[Risky Business]

G'day L and P.

I feel your pain. This is a link that I found helpful when I was going through the process. I hope it helps. It did for me.

http://www.qpilch.org.au/resources/factsheets/QCAT_-_Enforcing_a_monetary_decision.htm

 

[Jacaranda]

L and P

Now you have a QCAT ruling in your favour you should be able to add their names onto TICA. Then hopefully when they try to find another place to live they may realise they have to pay you back.

I would try Barclays MIS to see if they can help. I am not sure what they charge but they have an initial fee then a commission on the debt recovered. 1300 883 916 or barclaysmis.com.au

I have them collecting on another debt, but I paid the $55 for their Protect and Collect Policy so I don't have any other costs. I highly recommend this especially after I have had several tenants not pay me.

Good luck
Heather

 

[Terry_w]

that court document is a judgment in your favour. It is an order than they pay you money. You can now enforce the judgment, this can be done by a few ways
1 Seizing property (goods)
2. Selling land they own
3. garnishing wages
4. garnishing bank accounts

The debt is too small to bankrupt them.

To enfore the judgment you need to know where the person is and you need to know what they have - no point in spending more money to get an order to seize property if they don't have any to seize or if you cannot locate them.

 

[L and P]

Thank you everyone for taking the time to reply.

Risky Business - thanks very much for that link it is very useful.

When he left the premises he left everything behind ( not worth much ! ) The police seized anything of value - mobile phone's and laptop.

I have a contact person and phone number and a place of employment.

I'm reluctant to call this contact person in case he's tipped off. What do you say - "is so and so still working for you ? "

And then I go from there ?

 

[Joe D]

I'm reluctant to call this contact person in case he's tipped off. What do you say - "is so and so still working for you ? "

Call the work contact person using a pseudonym and say you a doing a reference check on "Mr X". You just need to have it confirmed that Mr X is employed blah , blah , blah ....

This is done all the time for rental applicants.

 

[L and P]

Joe D you are brilliant ! Thanks. It's so obvious now lol

I'll be onto it tomorrow.

 

[Terry_w]

What if Mr X answers the phone?

 

[Joe D]

What if Mr X answers the phone?

Even better as you will have definite evidence to work with.

Of course, you ask who is speaking before you do your spiel, after which you can always make any excuse (wrong number, etc) before you end the call.

 

[Peterw]

When he left the premises he left everything behind ( not worth much ! ) The police seized anything of value - mobile phone's and laptop.

I have a contact person and phone number and a place of employment.
QUOTE]

Why did the police seize anything? Why were the police there, was it an eviction? or were they collecting on another warrant? Did you have a PM, they should have avenues to follow.

Do social media site searches to follow their movements.