VIC Builder Owes Money - Already been to VCAT and Magistrate

[Helena Jane]

Hi Karma,

Sadly, even though we won our VCAT hearing and sent the sheriff out twice with a warrant to seize property, we have not recouped the funds. The next step was to file an order to bankrupt the builder, the overall cost of doing that is around $5,000.

Since we are owed $7,900. we deemed it pointless and a stressful exercise when we wouldn't see all of the funds back (we wouldn't get the money back for filing the bankruptcy order).

The system doesn't work in favour of the little guy! We had to let it go. Sadly.

Best of luck with your scenario.

 

[KarmaWinsinEnd]

Hi Helen

Sorry to hear! and thanks for the best wishes! Agree that it is a lot of money to go down the path and effortless pain for your case. Was not that his registered business?

In my case, it is a registered business and they're running successfully. I know their employee number increased and can see photos of their new building handover to clients on facebook. I wanted to try for enforcement but given reading yours and toothless' comments it feels a lot of pain and I might feel defeated in the end. I can sense that's what the builder want to do in the end.

Will think about it for sometime before i go for enforcement.

Was it any worth going and sitting in their office for a day to get an answer? Assuming he does not like me sitting if there are clients visting them. Hope he has some fear that his reputation will be spoiled but again, it is all perception

Hi Karma,

Sadly, even though we won our VCAT hearing and sent the sheriff out twice with a warrant to seize property, we have not recouped the funds. The next step was to file an order to bankrupt the builder, the overall cost of doing that is around $5,000.

Since we are owed $7,900. we deemed it pointless and a stressful exercise when we wouldn't see all of the funds back (we wouldn't get the money back for filing the bankruptcy order).

The system doesn't work in favour of the little guy! We had to let it go. Sadly.

Best of luck with your scenario.

 

[toothlesstiger]

Hi karma
In my case the respondent requested a rehearing and we went back to VCAT
I protested the respondents right to a rehearing and backed it up with many reasons why
After hearing the arguments the member denied the application and reinstated the original order.
The order had already been registered with the magistrates court so it to was re activated and interest calculated
My request to have the matter settled initially received no response at which point i outlined my intentions to pursue the matter
Finally i think the respondents wife (also a director) made contact and arranged the final settlement of the matter on our terms.
It was a pleasant surprise and a great relief as the whole episode was very frustrating and stressful.
My attitude was that i would continue to pursue the order as in your case the respondent was clearly operating a business which must have all sorts of assets.
I would suggest the Oral examination in the magistrates court may be worth the trouble , my understanding is that if they ignore that and fail to attend a warrant for their arrest can be made and if they do attend you will get a better idea of the next steps to take.
Hope this helps
maintain the rage

 

[KarmaWinsinEnd]

Hi karma
In my case the respondent requested a rehearing and we went back to VCAT
I protested the respondents right to a rehearing and backed it up with many reasons why
After hearing the arguments the member denied the application and reinstated the original order.
The order had already been registered with the magistrates court so it to was re activated and interest calculated
My request to have the matter settled initially received no response at which point i outlined my intentions to pursue the matter
Finally i think the respondents wife (also a director) made contact and arranged the final settlement of the matter on our terms.
It was a pleasant surprise and a great relief as the whole episode was very frustrating and stressful.
My attitude was that i would continue to pursue the order as in your case the respondent was clearly operating a business which must have all sorts of assets.
I would suggest the Oral examination in the magistrates court may be worth the trouble , my understanding is that if they ignore that and fail to attend a warrant for their arrest can be made and if they do attend you will get a better idea of the next steps to take.
Hope this helps
maintain the rage

Hi toothless,

Great news for you! Definitely help as my whole day was ruined thinking of the doggy builder and his attitude. It gives me confidence that I can go further to seek Justice. It was pretty that VCAT itself cannot enforce the order.

Anyway, will take this further and thanks for the response. You made my day!

 

[KarmaWinsinEnd]

Hi toothless,

I made an contact with the builder (via receptionist) and they telling will refund the money however they won't he recoup the money elsewhere (probably looking for another customer like me - lol ). It has been more than a month now following up on the timeframe but i'm unable to get an timeframe for the refund. He is still running the business successfully (can see their website change to new look) and more staff working. I spoke to the builder's wife today at office (answered the reception phone) but she pretended that he doesn't bring work to home (all nonsense, she know everything about this and she is also working there).

My instinct says that he wanted to put me in all possible trouble and make me spend money/time and stress (like a psycho). Reading their mind i think they never mind me going for enforcement.

I have all my documents ready to apply for enforcement but worried whether builder will do something in the court. Builder have past experience on this legal things but i'm new to legal things so worried ..

Any suggestion please?

Hi toothless,

Great news for you! Definitely help as my whole day was ruined thinking of the doggy builder and his attitude. It gives me confidence that I can go further to seek Justice. It was pretty that VCAT itself cannot enforce the order.

Anyway, will take this further and thanks for the response. You made my day!

 

[Serge Gorval]

Have all of you on this thread who have money owed to you considered issuing garnishee orders for bank accounts ? I imagine you all have some banking details as you made payments to them. Also it doesn't cost anything to have a fishing trip and garnishee the major banks..

Other option is to file get an examination order from the court which forces the builder to come to court and be examined by you or the magistrate about his/her finances state of affairs thereby tracing where he has money and targeting the source. If they don't come to an examination you can get the sheriff to execute an arrest which usually works quite well on getting a debtor to turn around particularly when the've spent one night in a cell.

Costs for garnishee order are free.

Examination order is more tedious and I recommend getting a sol to do it. Let me know if anyone needs a good recommendation.

 

[KarmaWinsinEnd]

great thank you!

Have all of you on this thread who have money owed to you considered issuing garnishee orders for bank accounts ? I imagine you all have some banking details as you made payments to them. Also it doesn't cost anything to have a fishing trip and garnishee the major banks..

Other option is to file get an examination order from the court which forces the builder to come to court and be examined by you or the magistrate about his/her finances state of affairs thereby tracing where he has money and targeting the source. If they don't come to an examination you can get the sheriff to execute an arrest which usually works quite well on getting a debtor to turn around particularly when the've spent one night in a cell.

Costs for garnishee order are free.

Examination order is more tedious and I recommend getting a sol to do it. Let me know if anyone needs a good recommendation.

Great, thank you! Yeah, have the bank details of the builder and fingers crossed that bank account is still active and have money left.

If not, will do the examination order.

Builder and his wife are in partnership and each holds 50% shares. Should I have to examine both their financial status? So I know both their financial status (at least one will have money) and that way I hope they won't lie that they have no money to pay me?

 

[KarmaWinsinEnd]

Have all of you on this thread who have money owed to you considered issuing garnishee orders for bank accounts ? I imagine you all have some banking details as you made payments to them. Also it doesn't cost anything to have a fishing trip and garnishee the major banks..

Other option is to file get an examination order from the court which forces the builder to come to court and be examined by you or the magistrate about his/her finances state of affairs thereby tracing where he has money and targeting the source. If they don't come to an examination you can get the sheriff to execute an arrest which usually works quite well on getting a debtor to turn around particularly when the've spent one night in a cell.

Costs for garnishee order are free.

Examination order is more tedious and I recommend getting a sol to do it. Let me know if anyone needs a good recommendation.

Hi Serge

Just to let you know it seems Garnishee order can only be issue if you know their balance in that bank account.

so only options is SOE

 

[Helena Jane]

Hi Serge,

Do I need their bank details to file a garnishee order? And can I file one personally or do I need a solicitor? Any help on how to fill out the form would be great!

Thanks

 

[KarmaWinsinEnd]

Hi Serge,

Do I need their bank details to file a garnishee order? And can I file one personally or do I need a solicitor? Any help on how to fill out the form would be great!

Thanks

Hi Helena,

You can get help from local legal community service to completed the form plus get free legal advice. You can check if they have walk-in service in the evening (once a week in my area) in case if you need to wait longer for appointment.

Garnishee order form is in Enforcement of civil debt | Magistrates' Court of Victoria By looking at the form (71A or 71B) it does not mention to fill the bank account details but its says to enter "Garnishee" . Don't know what it means.

What I have learnt was, as you need to choose a Form 71A or 71B , to choose the correct form you need to know the amount held in Garnishee (e.g. Account balance of the bank account). E.g. If creditor owes $1000 and bank account balance is $800 then you choose FORM 71A.