Hi Rod,
I've had someone recently take their VCAT Order against me and my husband and instead of following the rules and enforcing the VCAT Order in the Victoria Magistrate's Court, chose to enforce the order in the Local Magistrate's Court of Newcastle in NSW through a Fast Track Debt Collection agency also in NSW and, was granted a Garnishee Order from this court and completely emptied both our bank accounts and left us without any funds. This has taken place although all parties to the matter reside in Victoria and the registered address for our bank in also in Victoria.
Given the entirety of the matter is Victorian based, and the proper protocol for enforcing a VCAT Order is to register the Order at a Magistrates' Court that is local to where the debtor resides. The Service and Execution Process Act also states that when enforcing and Order, the Order must be registered in the State of the place of rendition where the Order was made I am at a lost and devastated how this has happened.
I am told even the ATO cannot empty one's bank account and leave a person destitute. This NSW Court would have had no ideal of our financial situation, no way of knowing if we had young children, on the pension or unemployed. Yet this Fast Track Debt Collection Agency applied for and was granted by this NSW Court a Garnishee Order to go from A to Z in one swoop and cause financial mayhem.
What I want to know is can anyone who has a judgement order for a debt short circuit the system and go interstate and apply for a Garnishee Order to wipe out anyone's bank account/s unbeknown to them?
I've had someone recently take their VCAT Order against me and my husband and instead of following the rules and enforcing the VCAT Order in the Victoria Magistrate's Court, chose to enforce the order in the Local Magistrate's Court of Newcastle in NSW through a Fast Track Debt Collection agency also in NSW and, was granted a Garnishee Order from this court and completely emptied both our bank accounts and left us without any funds. This has taken place although all parties to the matter reside in Victoria and the registered address for our bank in also in Victoria.
Given the entirety of the matter is Victorian based, and the proper protocol for enforcing a VCAT Order is to register the Order at a Magistrates' Court that is local to where the debtor resides. The Service and Execution Process Act also states that when enforcing and Order, the Order must be registered in the State of the place of rendition where the Order was made I am at a lost and devastated how this has happened.
I am told even the ATO cannot empty one's bank account and leave a person destitute. This NSW Court would have had no ideal of our financial situation, no way of knowing if we had young children, on the pension or unemployed. Yet this Fast Track Debt Collection Agency applied for and was granted by this NSW Court a Garnishee Order to go from A to Z in one swoop and cause financial mayhem.
What I want to know is can anyone who has a judgement order for a debt short circuit the system and go interstate and apply for a Garnishee Order to wipe out anyone's bank account/s unbeknown to them?
Understood, but I can't help with this matter, it's beyond my current level of knowledge.
It certainly seems suspect.
Was the debt collection agency a party to the VCAT order?
Were you notified of the NSW action before the money disappeared from your account?
Did they take more money than ordered on the VCAT order?
Did you ask VCAT for a payment plan?
Ignoring court papers can cause things like this to happen.
Answering these questions will help someone else provide a better update.
It certainly seems suspect.
Was the debt collection agency a party to the VCAT order?
Were you notified of the NSW action before the money disappeared from your account?
Did they take more money than ordered on the VCAT order?
Did you ask VCAT for a payment plan?
Ignoring court papers can cause things like this to happen.
Answering these questions will help someone else provide a better update.
The debt collection agency in NSW was not party to the VCAT order. It was all done online between the applicant, debt agency and the Court with no appearance from either side.
We were not notified by the NSW court, nor by the applicant or the debt collection agency that the VCAT order had been lodged and was being enforced by a Garnishee Order. We had no knowledge of what had taken place until I tried to withdraw my weekly wage from my bank account and told by our own bank that there were no funds available and to contact the Local Court in Newcastle. My own bank was very unhelpful and would not give me any information other than we would receive a letter from them, in the post, which we receive three days later.
We had no money for food and in complete shock that this had happened and had no idea why or how. We had to wait until the following week before we received a letter from our bank explaining that they removed all our funds and deposited them into the applicant's bank account due to a Court Order (Garnishee Order) from the Magistrate's Court of Newcastle in NSW.
We are constantly in a state of stress due to our bank accounts being under threat of further garnishee orders until the full amount awarded under the VCAT Order is paid.
I have recently found out that to enforce a VCAT Order, it must be registered in a Victorian Magistrate's Court and then enforced accordingly by that court. I understand that the process is then to inform the debtor and the debtor will be orally examined on their ability to repay in full or the court will order a repayment plan.
We were not notified by the NSW court, nor by the applicant or the debt collection agency that the VCAT order had been lodged and was being enforced by a Garnishee Order. We had no knowledge of what had taken place until I tried to withdraw my weekly wage from my bank account and told by our own bank that there were no funds available and to contact the Local Court in Newcastle. My own bank was very unhelpful and would not give me any information other than we would receive a letter from them, in the post, which we receive three days later.
We had no money for food and in complete shock that this had happened and had no idea why or how. We had to wait until the following week before we received a letter from our bank explaining that they removed all our funds and deposited them into the applicant's bank account due to a Court Order (Garnishee Order) from the Magistrate's Court of Newcastle in NSW.
We are constantly in a state of stress due to our bank accounts being under threat of further garnishee orders until the full amount awarded under the VCAT Order is paid.
I have recently found out that to enforce a VCAT Order, it must be registered in a Victorian Magistrate's Court and then enforced accordingly by that court. I understand that the process is then to inform the debtor and the debtor will be orally examined on their ability to repay in full or the court will order a repayment plan.
Recommend you call the NSW court to find out how this happened. They won't answer legal questions, but should at least explain how this happened without your knowledge.
What do you want to happen?
Bank will be in the clear as they just followed court orders. Not sure about the court itself - interesting question if they have not followed due process.
What do you want to happen?
Bank will be in the clear as they just followed court orders. Not sure about the court itself - interesting question if they have not followed due process.
Done that and got nowhere.
I would like restitution of the funds taken from my bank account. I am concerned that what has happened to us can happen to anyone and would like to know if there is anyone else out there this has happened to? If this is legal then god help anyone who owes a debt!
I don't believe due process has been followed and would be very grateful for some legal help pro bono.
I would like restitution of the funds taken from my bank account. I am concerned that what has happened to us can happen to anyone and would like to know if there is anyone else out there this has happened to? If this is legal then god help anyone who owes a debt!
I don't believe due process has been followed and would be very grateful for some legal help pro bono.
Davina, I have no legal knowledge about what's happened but I would be opening new bank accounts for your wages and ceasing to deposit any money into the account that had the garnishee order placed on it.
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