The Mission!

[wombat]

I have a Tribunal order for a tenant who has done a “runner” on a rural IP to pay me $901.82 in rent arrears.

I know where this guy now lives in Melb and have his mobile phone.

What approach should I take to recover the money? The agent suggested that I engage a collection agency to do so and if that doesn’t get results they will then get the sheriff on to him(?) ..which doesn’t fill me with much confidence, as the agent have really dragged their feet on this one to come to this.

My approach would be to pay a friendly visit and ask him firmly but nicely to please fix this up – should be interesting. Anybody have any better suggestions?

If he doesn’t want to come to the party, can I make use of Baycorp and have him listed for payment default?

..otherwise, stay tuned for the next installment


wombat

 

[Tony]

Hi Wombat,
Not sure it's a good idea to pay him a friendly visit, wouldn't want it to get ugly & create even more problems on top of what you already have.
Guess you must persue everything you can following the correct procedures using the correct professionals. Maybe the property managers on this forum can assist in this area.
Out of curosity, do you have landlord insurance?

Good-luck
Tony

 

[Cosmo]

Hi Wombat,

If you must go and visit him take a witness with you. If you go alone and he has someone at the house any story could be fabricated to support his or her case.

Eg landlord went nuts at the door and they feel that they cant deal directly with you anymore etc etc.

Remember the guy with the most witnesses gets believed in court!

Be careful.

 

[stirling]

If you know an address you can usually go through small claims court. Debtor will probably say to the court can only pay $10 per week, then stop paying after first $10 payment.

This happened to me and no word from ex tenant until he went to get a mobile phone contract. Phone company would not give him a mobile phone as there was an unpaid debt recorded against his name. ex tenant was then keen to settle.

Stirling

(Opinion only - please seek legal advise)

 

[JoannaK]

Not sure about VIC, but in NSW you'll need to get what's called a Certified Copy of the tribunal order. This will then allow you to lodge the claim with the local court and commence garnishee proceedings.

 

[crest133]

Go talk to your local Sheriff, show him your Tribunal Order, and ask him how to proceed. He will tell you. Tenants don't cross the Sheriff. In my experience in NSW, when you have the order to seize goods and give it to the Sheriff, they visit the tenant, give them an opportunity to pay if the tenant is civil ; then tag their saleable household goods as property of the Sheriff until payment is rec'd. Goods cannot be moved or disposed of. A few days later Sheriff returns for payment or removal and auction of goods. Imagine trying to do that yourself sometime.So it really is a painful last resort activity, the gutter end of property management. I could set the Sheriff onto someone who was just witholding and deserved the drama, but not to someone who didn't have the funds.
good luck