Garnishee x 2 - any advice would be greatly appreciated.

Discussion in 'Other/General Law Forum' started by myownfault, 17 February 2019.

  1. myownfault

    myownfault Member

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    Hi there,

    So first I know I let this happen but telling myself I will sort it out "tomorrow".

    Not too long ago I was on a full Disability support pension, I went back to work voluntarily and without anyone from Centrelink telling me I had to do so.
    I went back to the workforce and eventually went back at full capacity.
    I now know full-time work has exacerbated certain issues and whilst I promise this not a "poor me, why is this happening" deal, my current situation hasn't helped but I felt I was ready at the time and I truly wanted to get back into the work force and do my part to contribute.

    In the last two weeks I have had two separate garnishee orders happen and I hope I will explain this right.

    It's a lot I know so I have tried to be concise but I'm on my own and currently very lost, I'm just trying to survive with my current job and not have to go back on to a Centrelink payment.

    First I had some outstanding debts for various fines including non-vote and driving based offences that total about $2000.

    Rev NSW/court sent the order to my bank (ANZ) on the 1st Feb 2019 but it did not go into affect until 2/2/19. Thats a Saturday as I was able to use my account on the Friday.

    I am paid monthly, had just been paid so after bills I had AVAILABLE Balance $1600ish with about $300 in CURRENT Balance status.

    I'm assuming thats clear? Debit card accounts hold visa transaction in Curr Bal until fully cleared - That amount is essentially spent funds.

    So that left me with about $60 after RNSW took about $1560 from Available Balance with at least 21 days until next payday.

    Called Monday and I got through to RNSW and was told that that amount is illegal as they should have left me with a minimum of $504.60. Apparently being paid monthly doesn't matter? Does this sound correct?

    I was told to show proof of this via a submission page on their site soI did that (used screenshots of net banking)

    Got an email reply that Internet banking screenshots are not valid and I needed to provide a full bank-statment with name and address.

    I tried this asap and had no luck, The chosen ANZ account cant generate the statement they need until EOM
    I showed via more screenshots what information was available to me and even offered them login to my ANZ account (I know they probably cant but am 100% willing).

    Waited for a reply and nothing.

    On the 5th/feb I remember I didn't do last years tax return, Surely that will provide enough until next months pay.

    Did 2017 Tax return very quickly and did the bare minimum, Return comes to $2200ish - Awesome I saved.

    Submitted return and started watching online status and on 8th feb status was "Approved" and would be in account around 13th/14th.

    On the Friday (15th Feb) it was settled but not in my account.

    Checked the MyGov inbox and "My income tax statement of account" was in MyGov inbox.

    Read letter and this is when I was informed all $2200 of my tax return was Auto Garnished for a past Debt related to Centrelink/Disability Support Pension I used to be on.

    There was no indication that was going to happen, no MyGov mail informing me of it and no physical mail (yet).

    I finally spoke to Centrelink on the Friday (15th Feb), They searched when a later was/had been sent and even had them in agreement the physical letter was sent too late.


    They transferred me to the appropriate team to discuss reviewing this outcome but this was 4:45pm on Friday and I was again disconnected so thats the full deal up until now.

    Im not trying to get out of the debts but I really counting on that money coming in as it.

    Hyperbole aside If I cant sort something out soon I may have to quit my job as there's still 10 days until pay and a lot of meds I just cant go without much longer.

    I have screen shots for all of this of course so if anyone does have any advice and needs to see anything please let me know.

    Thanks in advance and apologies for the inevitable bad grammar.





     
  2. Rod

    Rod Lawyer
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    Go to your closest Community Legal Centre ASAP.

    They sometimes have social workers who can help navigate the intricacies of debts.
     
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  3. myownfault

    myownfault Member

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    Hey there, Rod.

    Thanks for the advice.

    I'll look up my closest one now and see where it takes me.

    As I stated I got myself into this, I'm under no illusions that I shouldn't have to pay it but I just need to survive.
    Work is suffering already and I really don't want my boss no know for a variety of reasons.

    Take care.
     
  4. Rod

    Rod Lawyer
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    OK.

    Next time go to court when confronted with a debt and ask for a payment plan that suits your budget. Much better and you get to sleep at night.
     
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