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Debt collection

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shprtandsharp View Drop Down
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Joined: 31/January/2012
Location: Australia
Posts: 2
  Quote shprtandsharp Quote  Post ReplyReply Direct Link To This Post Topic: Debt collection
    Posted: 01/February/2012 at 22:20
Was seeing if anyone would have some advice on debt collection.
Have recently received a judgement against a debtor for work completed about 18months ago. Obvoiusly this has been dragged out and they have never had any intentions of paying.
The problem is enforcing the judgement. Given that it is a large amount of money the legal costs are quickly rising and are getting beyond a point where i can chase this.
Are there any ways i am able to chase this up on my own to try to recover the money?
Thankyou

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 08:45
One possibility is to go back to court and get an order to seize property to the value of what is owed, If granted the bailiff will take and sell property of the debtor and pay the proceeds to you.

Others may have more ideas for you.

How much is owed?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Atikin View Drop Down
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Joined: 12/June/2007
Location: Australia
Posts: 257
  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 16:38
"the aesthetic beauty of space and time interaction"?? wow, thanks Stephen Hawkings.
Oh sorry, got distracted, go back to the local court and ask them what you should/could do to get your order enforced.

shprtandsharp View Drop Down
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Joined: 31/January/2012
Location: Australia
Posts: 2
  Quote shprtandsharp Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 17:11
Will head back to the court and see what they think.
Its a total of 18k. Sheriff has already been to the property to seize assets to no avail. Came back as nothing to seize. This was performed by another creditor who was owned slightly more than myself. Not the first time the debtor has gone bankrupt so had the business in his wifes name. So the judgement is against her.

vincen View Drop Down
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Joined: 30/January/2012
Location: Australia
Posts: 39
  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 17:26
Of little value to you now, but I was a debt collector some time ago and for others who are reading this... understand that if you haven't been paid after 30days follow up. If nothing by 60days then begin proceeding while still following up. Once proceedings have started they'll either pay soon after or you'll know they were dodgy and leaving it any longer wouldn't have helped.
When following up always put pressure on them, ask for a cheq, even a post-dated cheq just to get things rolling - part-payments are better than nothing and at least you've got the ball rolling.ALWAYS go and pick up a payment, don't let them post it. Then every week follow up and let them know you'll be back the following week...don't take excuses. If they start to dodge you ring their secretary and tell them you're going to sue...soon after they'll ring you asking why you're threatening his staff, but at least then you've got him on the phone and you ask - and "go pick up" a cheq. Hope that helps. Good luck

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