In need of a debt collector

[Guy]

Hi All
Done some work for someone over a few weeks ( 6 in all) renovating there rental property. Sent her a final invoice 2 weeks ago and she prommised to direct debit my account the following day. Well nothing has been credited nad she does not answer her phone or respond to any emails.
Found out today the other contractors that were there have not been paid either, Have sent her another letter last monday which has been returned " not known at this address" .
So does anyone know any one with a big crowbar and lots of muscals ar a debt collector i can turn to.
Or even some free legal advice as i cant afford a sollicitor and has put me in very difficult position finacially at the moment.

[bsrlee]

Go to your local court & see the clerk or pro bono solicitor - ask at the front counter.

Get the sherrif to serve a small debits summons, then get a court order/judgement for the debit. Get the sherrif to seize the property & sell it to recover the money - before it gets to the selling property stager she should have paid up, unfortunately you probably can't charge for the running around costs (varies from state to state).

In NSW you could have her declared bankrupt with debits of over $500, then sell her up & split the proceeds with the other contractors who are owed.

[Simomatra]

Go to your local court & see the clerk or pro bono solicitor - ask at the front counter.

Get the sherrif to serve a small debits summons, then get a court order/judgement for the debit. Get the sherrif to seize the property & sell it to recover the money - before it gets to the selling property stager she should have paid up, unfortunately you probably can't charge for the running around costs (varies from state to state).

In NSW you could have her declared bankrupt with debits of over $500, then sell her up & split the proceeds with the other contractors who are owed.

Does anybody know what the law about this says in Qld

My son did some printing work for a customer who know refuses to pay. Nothing wrong with the work she just makes a habit apparently of not paying. He has used a debt collector to no avail she just fobs him off. Also refuses to accept registered mail and keeps changing telephone numbers

As for the small claims tribunal they can make judgment apparently but not make the person pay. My son would also have to have time off work to attend court, more money to chase bad money

I think my son would appreciate any help on this matter as well

[bitingmidge]

As for the small claims tribunal they can make judgment apparently but not make the person pay. My son would also have to have time off work to attend court, more money to chase bad money

Sam,

All your answers are on these pages:

http://www.justice.qld.gov.au/courts...mallClaims.htm

http://www.artslaw.com.au/LegalInfor...ecoveryQLD.asp

http://www.legalaid.qld.gov.au/publi...s_Tribunal.htm

Cheers,

P

[Simomatra]

Sam,

All your answers are on these pages:

http://www.justice.qld.gov.au/courts...mallClaims.htm

http://www.artslaw.com.au/LegalInfor...ecoveryQLD.asp

http://www.legalaid.qld.gov.au/publi...s_Tribunal.htm

Cheers,

P

Much appreciated my son will be happy I hope, thanks BM

[ozwinner]

Go here to VCAT
I think it costs $30 and they will sort it out, take documentation, pictures etc.
Get the other ppl who are owed money together as it may add weight to your claim.

Al

[Guy]

I did a claim a couple years ago through VCAT, it went in my favour however they still did not pay up as VCAT do not have the powers to enforce there own orders.
So i would have had to then goto the magistrate courts and go through it all again.
That time it was for a smaller amount, this time its close to $5000. I had been paid for all the materials used is one blessing but its my labour thats not been paid for.

[boban]

I did a claim a couple years ago through VCAT, it went in my favour however they still did not pay up as VCAT do not have the powers to enforce there own orders.
So i would have had to then goto the magistrate courts and go through it all again.
That time it was for a smaller amount, this time its close to $5000. I had been paid for all the materials used is one blessing but its my labour thats not been paid for.

In NSW the equivalent of VCAT has their orders enforced by the Sheriff just as if it were a Local (Magistrates) Court order. Just check with VCAT as to their enforcement procedures.

Otherwise, I would file a Statement of Claim in the Magistrates Court. The chamber magistrate will be able to help him. For these amounts it does not pay to use a professional as the costs (in NSW) are severely restricted for the successful party.

I've appeared against unrepresented parties as also witnessed them in action. The magistrates go out of their way to help them.

Good luck.

[ozwinner]

Get in touch with Judge Judy.

Al

[Grunt]

Send in Al and his goats.

[Waldo]

G'day,

I'm in favour of a more direct approach - a great big heavy lump of 4x2 or otherwise known as "The Enforcer". At least with the way of the toothless tigers that these departments are hamstrung that's how I'd feel anyway. :mad:

[Sturdee]

In NSW the equivalent of VCAT has their orders enforced by the Sheriff just as if it were a Local (Magistrates) Court order. Just check with VCAT as to their enforcement procedures.

The beauty of our federal system is that each state has their own laws regarding debt collection.

In Vic a debt proven in VCAT and an order made by them must again be proven in the local Magistrate Court/County Court before they can be acted upon. VCAT is a paper tiger in regards to debt collection and is a waste of time. DAMHIK.

When you try to prove a VCAT order in the Magistrate court the other party can then dispute the claim and this then will mean a full hearing to adjucate the issue.

Then when succesful you can try to recover same using a debt collection agency (use one that doesn't charge you a fee if unsuccesful) and when finally unsuccesful you can indeed try for bankruptcy proceedings.

At all stages you will need to be precise and accurate making sure that you are indeed claiming from the correct person as they may have been acting in a representative capacity eg director of a company or trustee of a trust rather then for themselves. Don't make the mistake of suing an individual when you should be looking at a company.

Also this may well take some time as justice grinds in a slow fashion and an expert non payer can, without really trying, make the system even slower. In a previous life I was involved in a similar, but reversed, situation were on principle the matter was delayed for 2 years by my boss because he was upset that a supplier sued him rather than wait his normal 2 month for payment.

Also this will require payment to cover costs all along the way. It could work out expensive.

BTW you do have written quotes and agreements specifying the work to be done and in what manner and specifics as regards payment terms etc. else you will have a very hard time to prove that the work was done as agreed.

Good luck.


Peter.

[stevebaby]

Graffiti artists and vandals are a wicked blight on society and probably deserve the penalties that the full weight of the law can throw at them.
Which is probably a fine of $500 for a first offender.
Which does absolutely nothing to compensate the unfortunate property owner who may lose thousands of dollars trying to remove the damage and who may lose thousands more trying to sell a vandalised property and who will probably lose thousands more trying to recover damages.
Some degree of damage is inevitable if someone were to recover their goods left on another property.
Of course the property owner would have equal recourse to the law and an equal chance of recovery of costs.
This should be taken as an emotional response to a similar situation and is in no way an advisory position.

[bitingmidge]

Graffiti artists and vandals are a wicked blight on society and probably deserve the penalties that the full weight of the law can throw at them.

Now there's an interesting hijack Steve? :confused: :confused: :confused:

Unless the person that didn't pay the bill was in fact a Graffiti vandal.

I think it's sad though, that Graffiti "ARTISTS" should be lumped in with Graffiti "VANDALS", if you don't know what I'm talking about check out http://www.banksy.co.uk

I'd be happy for banksy to vandalise my place any day! (and I'd make a quid out of it too I reckon...)

cheers,

P

[Sturdee]

Some degree of damage is inevitable if someone were to recover their goods left on another property.

Totally irrelevent to the discussion as Guy has been paid for the materials used but not for his labour.

BTW anything built on a property attaches to the land and later removal because of nonpayment is theft, notwithstanding that you may not have been paid for the work or the materials.

Again from my experiences in a previous life I know of a subcontractor who erected a frame for a builder (not us ) that went into receivership before payment was made to the subcontractor. This subby thought it was okay to remove the frame and then reuse the timber on another job.

Unfortunately for him the receiver didn't agree and made the police prosecute for theft and he sued the subby for the value of the job that he demolished. Again unfortunately for the subby the magistrate agreed with the receiver, found the subby guilty and gave him 6 months and he had to pay the receiver for the damage and after 2 years got 10cents in the dollar back. :mad:

Peter.