I have an issue I am considering resolving via the small claims court, or QCAT (Queensland Civil and Administrative Tribunal) as it appears to now be called.
I have been reading about how it works and this page has me concerned:
http://www.qcat.qld.gov.au/enforcing-a-qcat-decision.htm
particularly this sentence:
So I interpret the sequence of events like this:
Someone owes me money.
I have been requesting payment and sent letters of demand etc.
Other party refusing to pay.
I lodge application and we go to court.
Court rules in my favour.
According to the page above, I then ask for payment again and the order is not actually enforced by the court.
I don't see this putting me in any better position than I am in now, whereby the other party is refusing to cough up.
He knows he is in the wrong and is just being stubborn. I don't see the court order having any influence on his decision to not pay..
Soooo, it looks like the next step is the magistrates court, whereby I imagine the process becomes too expensive and in this case no longer makes economical sense..
Am I interpreting this correctly?
Has anyone had an satisfaction from a small claims court?
Thanks in advance.
I have been reading about how it works and this page has me concerned:
http://www.qcat.qld.gov.au/enforcing-a-qcat-decision.htm
particularly this sentence:
Decisions made by the tribunal must be followed and are enforceable as if they were made by a court. The tribunal's role does not however extend to enforcing the decision. The party whose favour the decision has been made in, is responsible for enforcing it
So I interpret the sequence of events like this:
Someone owes me money.
I have been requesting payment and sent letters of demand etc.
Other party refusing to pay.
I lodge application and we go to court.
Court rules in my favour.
According to the page above, I then ask for payment again and the order is not actually enforced by the court.
I don't see this putting me in any better position than I am in now, whereby the other party is refusing to cough up.
He knows he is in the wrong and is just being stubborn. I don't see the court order having any influence on his decision to not pay..
Soooo, it looks like the next step is the magistrates court, whereby I imagine the process becomes too expensive and in this case no longer makes economical sense..
Am I interpreting this correctly?
Has anyone had an satisfaction from a small claims court?
Thanks in advance.