The SDRO just garnished all of the money in my account. However, almost all of $551 they took was actually bond money that was due to be paid to someone else. It was in my savings bank account, waiting to be paid to an outgoing subtenant.
Evidence:
- The amount in the savings account was the precise amount due to be paid to the fellow in bond
- I have numerous records of this amount being paid into and out of my account marked 'bond' to various people.
- I would swear a statutory declaration to this effect.
- I can show correspondence to the person whose money it is, talking about the money to be repaid.
I now live in Victoria
All of this happened because of an innocent oversight on my part: I got changed over from Austudy to Newstart and didn't realise that this resulted in the regular deductions to the SDRO stopping. But before that I was having deductions of $25 per fortnight for two years and never changed it.
I handle the rent and bill payments for everyone in the house
The money coming into my account consists of only:
- Centrelink payments (Newstart) - my only income
- Payments of 'kitty' from other flatmates, for bills
- Payments of rent
The rent payments all go to the landlord at the end of the month, and the kitty goes to bills.
I suffer depression and am currently on a 12-week medical certificate. I also have diabetes and have been on an intensive treatment program for it recently.
The bank already gave me back money that was 'on hold' waiting to be garnisheed, but I still need the other half back, because I need to pay this guy who actually owns that money.
Obviously the first step is to reinstate the regular deductions, explaining what happened, but then I really need to go hard to get that money back because:
- I don't feel it's just to take money that isn't even mine.
- It will financially cripple me if it isn't returned.
________________________________________
Questions:
* My researches indicate that garnishees can't apply to money held in trust, unless the trust itself is the debtor. This makes sense because it would be taking money that does not belong to the debtor. Surely under the same principle, I should be able to demand this money is returned because it is not actually mine?
* I would definitely be caused financial hardship if this money is not returned, because it could very well result in legal action against me. This fellow expects his bond to be returned soon.
* How would the 'saved' amount (under S 62 of the S.S Admin act) be calculated in my case?
That is:
- Do 'withdrawals' include money sent from my account on behalf of my flatmates?
- What does it include?
I have far more 'withdrawals' than I have payments from Centrelink, because of the fact that I'm handling the rent and bills ("No good deed goes unpunished").
So my 'saved amount' would be in the negative if these amounts were counted.
* Does anyone have any opinions as to how to get the money back?
Evidence:
- The amount in the savings account was the precise amount due to be paid to the fellow in bond
- I have numerous records of this amount being paid into and out of my account marked 'bond' to various people.
- I would swear a statutory declaration to this effect.
- I can show correspondence to the person whose money it is, talking about the money to be repaid.
I now live in Victoria
All of this happened because of an innocent oversight on my part: I got changed over from Austudy to Newstart and didn't realise that this resulted in the regular deductions to the SDRO stopping. But before that I was having deductions of $25 per fortnight for two years and never changed it.
I handle the rent and bill payments for everyone in the house
The money coming into my account consists of only:
- Centrelink payments (Newstart) - my only income
- Payments of 'kitty' from other flatmates, for bills
- Payments of rent
The rent payments all go to the landlord at the end of the month, and the kitty goes to bills.
I suffer depression and am currently on a 12-week medical certificate. I also have diabetes and have been on an intensive treatment program for it recently.
The bank already gave me back money that was 'on hold' waiting to be garnisheed, but I still need the other half back, because I need to pay this guy who actually owns that money.
Obviously the first step is to reinstate the regular deductions, explaining what happened, but then I really need to go hard to get that money back because:
- I don't feel it's just to take money that isn't even mine.
- It will financially cripple me if it isn't returned.
________________________________________
Questions:
* My researches indicate that garnishees can't apply to money held in trust, unless the trust itself is the debtor. This makes sense because it would be taking money that does not belong to the debtor. Surely under the same principle, I should be able to demand this money is returned because it is not actually mine?
* I would definitely be caused financial hardship if this money is not returned, because it could very well result in legal action against me. This fellow expects his bond to be returned soon.
* How would the 'saved' amount (under S 62 of the S.S Admin act) be calculated in my case?
That is:
- Do 'withdrawals' include money sent from my account on behalf of my flatmates?
- What does it include?
I have far more 'withdrawals' than I have payments from Centrelink, because of the fact that I'm handling the rent and bills ("No good deed goes unpunished").
So my 'saved amount' would be in the negative if these amounts were counted.
* Does anyone have any opinions as to how to get the money back?