I have a judgment but the defendant hasn't paid

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12 May 2020
A mutual agreement was made on 29/07/2019 for the sale of goods valued at $780.00AUD, note that it was via an online platform ( i'm based in Canberra, she is in Brisbane) . They buyer sent a false 'proof of payment' screenshot in which by then i had already sent the items to her. We've been liaising since as i've tried dozens of methods to claim the money owed to me however she keeps coming up with excuses. Around late November i issued a letter of demand requesting that if the payment is not made, the goods need to be return back to me; she failed to do so before the deadline (in fact she still hasn't complied even until today). Through the ACT civil and administrative tribunal, i published an application for a civil dispute against her. Again, she failed to action this by the due date so i progressed with another judgement made by the tribunal. She attended the first hearing which was held in March and was given a month to organise a payment. She failed to do so, as a result we had a second hearing in which she didn't turn up to and thus, the tribunal declared that she owed $855 (cost of goods sold + hearing fees) and was given 2 weeks to do this (by the 30/April/2020). She still has not paid this debt. ACAT have not been helpful from this point on as she is located in Brisbane and advised that i contacted the magistrate court in Brisbane. in doing so, the magistrate court/ Brisbane have told me that i need to deal with the matter correspondingly with ACAT. i'm going around in circles here and would like a definite answer. I'm unsure of who to progress this ongoing issue with. The respondent has been an aggressive nuisance and has wasted so much of my time and affecting my mental state emotionally due to the stress. Does anyone have any advice i can consider regarding how to escalate this and is it possible to enforce a 20% fine on top of the debt already owed as a result of all this struggle as she is intentionally avoiding me. Thank you for your time, any help would be very much appreciated!!

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
First, you should get a judgment registered in Queensland. Much easier to enforce. Check whether ACAT decisions are enforceable on their own (which I doubt). If they aren’t, get the decision registered in the ACT Magistrates Court/equivalent.

Then get that judgment registered in Queensland at the nearest Magistrates Court to her.
Then you can get on the enforcement carousel.