NSW How does debt recovery agent track you down?

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coltidy

Member
4 February 2021
3
0
1
Hi,
Just curious how a bank/debt collection agency can;
1. Find out where your employment is located - court order to garnish wages etc?
2. Issue a court notice with no fixed address, ie you will never receive the letter in the post?
3.Money cannot be garnished on any joint accounts with banks or investments etc?
Thanks for your help.
Col
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Tracking people who do not want to be found is a bit of an art form, and they’ll use any and all means available depending on what it is worth to them to find the person (usually related to how much they’re chasing, but not always). Many people leave digital footprints, which is a solid start. The references people put down on applications get called. Public register searches. Tenancy databases.

1. If you disclosed your employer on an application, they’ll get contacted. If that’s no longer the place worked at, employment is usually discovered via en enforcement hearing/examination where the debtor gets ordered to answer questions on a form/attend court to answer under oath. This requires that they’re able to be found.

2. An address is usually needed for court applications. Serving it may be different depending on the court. Some post - which would mean the address being correct is critical. Others require personal service, so if they can physically find you you can be seever - although there are some limited places in which service cannot be effected.

3. In every court I’m aware of, you cannot garnish joint accounts.
 

coltidy

Member
4 February 2021
3
0
1
Thank you kindly for the insight, much appreciated.
Do you know the time frames as an example from when a bank default notice is issued until there would be a possible legal action/court order for wage garnishment, 1 year more or less?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Are you the one doing the evading, or is it somebody else?