WA Company Trying to Place Caveat on My Home - Default Judgement?

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Teresa LoVine

Member
28 June 2017
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Hello,

A company that I owe money to, that also has been award default judgement for the debt in the Magistrates Court is threatening to place a caveat on my home unless I pay the debt.

Is a default judgement grounds for them to place a caveat on my title?

Thank you
 

Rod

Lawyer
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27 May 2014
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Generally only if the debt relates to your land/house. Not sure if there are special provisions in WA law somewhere that might give them that right.

If the debt is unrelated to your house/land I'd be writing back saying that they will be responsible for all your legal and court costs in removing their caveat from your house. Supreme Court costs are not cheap.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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To add to what Rod has said, you might be more worried about them having the judgment creditor seek an enforcement warrant against your home. I think that's called a Property (Seizure and Sale) Order in WA?
 

Matt King

Well-Known Member
8 February 2017
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Sydney and Wollongong
Hello,

A company that I owe money to, that also has been award default judgement for the debt in the Magistrates Court is threatening to place a caveat on my home unless I pay the debt.

Is a default judgement grounds for them to place a caveat on my title?

Thank you

In short, no, they have to have a caveatable interest.

I can look into it for you to make sure if you like.
 

Tim W

Lawyer
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28 April 2014
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I agree with @Matt King.
Sometimes, judgement creditors, who were previousy unsecured creditors,
will talk about caveats (and try to get them) as a way to create priority
in any bankruptcy you may be now looking at.

If there's already a judgement debt, then the seizure order
referred to by @Rob Legat - SBPL may be something to be more concerned about.

Don't panic. They are just putting you under amateur duress
to try and get you to pay sooner rather than later.
If you pay by the date in the judgement, which could say, be in cash,
and does not always and automatically mean selling your house,
then it will be over.