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WA How to Enforce a Minor Civil Case?

Discussion in 'Australian Consumer Law Forum' started by Suzy823, 20 August 2014.

  1. Suzy823

    Suzy823 Active Member

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    Hi there
    I recently lodged a Minor Case Claim in Civil court against a client who refused to pay for work completed at her home by my company. I won judgement by default and am not sure how to proceed from here.
    To Enforce A Judgement (on Form 6) in Australian Law, do I start with a Means Enquiry or go to Property (Seizure And Sale) Order?
    Any help would be appreciated.
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi Sue,
    Did you ask someone at the WA Magistrates Court about which is the best next step in the process? Sometimes the people at the Court are very helpful.

    The Arts Law "Debt recovery – small claims procedure (WA)" page has some more detailed information on the steps in the process for recovering money and enforcement. Here's a relevant excerpt:
    Enforcement
    If you are successful and the Defendant does not make an acceptable proposal to pay the debt and costs to you there are a number of methods of enforcement. Firstly, a Means Inquiry may be conducted before the court to determine whether the Defendant (also referred to as the judgment debtor) has the ability to pay, and whether it is more appropriate that the debt be paid in full or by periodic instalments. Secondly, the court may also order a Property (Seizure and Sale) Order for the sheriff or bailiff to seize and sell the judgment debtor’s property to satisfy the debt owed to you.

    So it seems that both options are valid for the next step. With the Property (Seizure and Sale) Order, you'll have bailiffs’ costs that will need to be paid.
     
  3. Suzy823

    Suzy823 Active Member

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    Thanks for your super fast response. Yes, I spoke to a lady at the Magistrates court I lodged the claim with. She emailed me some info but didnt advise one way or the other. With a property seizure, how do they determine what property they will seize & sell?
     
  4. Worldly1

    Worldly1 Well-Known Member

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  5. Suzy823

    Suzy823 Active Member

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