VIC Debt - What is Classified as One's Asset?

[Kusanagi]

So I got some guy coming out of the wood works, haven't spoken to him in 4 months, trying to claim round $3200 of repairs for a car I used in a movie last year (even though he's gone off and repaired most of it himself without informing me at all after saying we'd happily cover any damages way back when).

I've got community legal consultations booked and made calls etc (I'm a film graduate living at home on a casual wage for god sake). From what I can make out, the furthest he can take this is by getting all the way to having a sheriff present a warrant to me to claim assets for the apparent debt? I guess that's if I don't fork out the cash to pay for a lawyer to defend me? Does anyone know how much it would cost him to get that far?

I've been told that such assets possibly do not include anything related to my work, only luxury items? My car is also not included? That's what I'd like some clarification on.

Thanks everyone.

 

[Lance]

Hi Kusanagi,
I think you are asking the wrong question. If you said that you will pay for any damage and the vehicle owner's vehicle was actually damaged shouldn't they be entitled to recover the cost of repairs. The point being if they take you to the Magistrates Court of Victoria and you are found to owe the vehicle owner for repair costs, there are a variety of enforcement orders they can seek to impose on you. They can have an attachment of earnings order placed on you with your employer. Having payments deducted directly from your pay. Or yes they could have a warrant to seize property placed on you. Probably not a car, because its a tool of trade for most people, required to get to and from employment. They are pretty reasonable from what I understand but it wouldn't be worth the angst. I personally think you should wait until they formally demand the money then require them to prove the cost of repairs and if you agree sort out a payment plan. You don't really want it to get to the point of debt recovery. Here is a bit more information about enforcement of civil debts to think about: Enforcement Of Civil Debt | Magistrates' Court of Victoria