WA Enforcing a judgement - Is Property Seizure the Best Option?

[RTC]

Hi,

I have received a default judgement from the Magistrates Court. I heard the best way to recover it is by property seizure. The thing is, I am not sure if he has a car under his name even thought there are more than 5 cars in the house. He lives in a rented house with basic furniture. I'm also afraid if he moves house then there will be no chance for me to find him?

1. Is there any way I can know if the car belongs to him? I searched the house certificate title, hence find out he is only renting.

2. Is property seizure still the best option?

3. If so and he doesn't own a car, can't the people at the house lie that the stuff does not belong to him?

Thanks,

 

[Sophea]

If you had regos you could do a REVS check? I think that would tell you owner and whether its encumbered by finance.

You can always hire a skip tracer to locate a judgement debtor if he moves or tries to evade you.

 

[RTC]

Thank you Sophea,

Did the REVS check and it doesn't show the owner's name. Thanks for the skip tracer info.

 

[Matt King]

A Garnishee is pretty effective.

Another option is bankruptcy. Once he is bankrupted a Trustee is appointed over all of his affairs. The Trustee then takes steps to recover any assets or such other amounts, such as Unfair Preferences, in the hope of paying creditors, such as yourself. Please note, the debt has to be over $5,000.

 

[RTC]

Thank you for your top suggestion Matt King. Appreciate it.

 

[Rob Legat - SBPL]

You should check your options for an examination of the judgment debtor's financial circumstances. I understand it's called a 'Means Inquiry' in WA. The outcome of this should allow you to get an accurate idea of the debtor's capacity to satisfy the judgment.

For example, you might find they own the car but it has a registered security over it to a lender. If that's the case, seizing and selling the car might not net you enough money to make the exercise worth it.

 

[nic3113]

We just got our money back from someone owing for 6 years through a garnishee order. Once that is lodged with their employer, the employer has to pay you whatever is left over in his pay packet after the basic dole amount is deducted for his living expenses. I think it is something like $350.

A garnishee order also stops him from being able to get a loan etc. until the bill is paid. Seizing his goods can take up to 6 months.

 

[RTC]

Thank you Rob Legat and nic3113. All these take very long. Hate that the system allows people to get away for a long time and sometimes forever.

 

[nic3113]

Thank you Rob Legat and nic3113. All these take very long. Hate that the system allows people to get away for a long time and sometimes forever.

Our biggest problem was he kept moving around without leaving a paper trail. If you know where he is working you can fill out the court papers online for the garnishee order then send them to his employer. The employer has to start taking it out of the next pay.

Even if he leaves the job the next time he gets employment or applies for a loan, credit card or anything he will be halted. If you don't know where he works I would follow him in someone elses vehicle. It's exactly the same as what a debt collector would do over time and at an extra expense. Sometimes you have to tread the very fine line between legal and illegal, without doing anything stupid, to recover what is rightfully yours

 

[Rob Legat - SBPL]

Be aware, however, that the Registrar of the Court may have some discretion in the setting of a garnish. I've had a situation where I was refused a garnishee order because the Registrar decided there was insufficient income (despite the judgment debtor having a well paying job).