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QLD Obligations After Receiving Summons - Debt Enforcement Hearing?

Discussion in 'Debt and Bankruptcy Law Forum' started by pat, 20 October 2014.

  1. pat

    pat Well-Known Member

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    Enforcement hearing obligations:
    I have been served a summons to appear in court for an enforcement hearing regarding $30,000 that I was ordered to pay over a motor vehicle accident. In the letter they have demanded I produce all bank account statements for the last two years.

    What are my legal obligations? Must I produce all transactions for two years, or would monthly totals be sufficient? Or would the last two years of tax statements suffice?
     
  2. pat

    pat Well-Known Member

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    I understand that during an enforcement hearing the judge may consider liquidating my assets. i own a ute that is primarily used for work .I purchased it recently and there is little if any equity in it yet. i am thinking of taking ownership of a motorbike as payment for moneys owing.i would be using the motor bike as private transport.the value would be less than $3000.would the court be likely or legally entitled to take either vehicle ?
     
  3. Rod

    Rod Well-Known Member

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    If the court has asked for bank statements, then you need to provide the bank statements. Summaries will not be enough, nor will tax statements.

    Generally you can keep tools of the trade up to a certain value, can't remember the value atm but is easy to find online, same with vehicles to a certain value.

    You can apply for a payment plan at court so you should work out what you can afford to pay/mth and take that with you to court along with how you worked it out.
     
  4. pat

    pat Well-Known Member

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    Thank you.I have not been to court for an enforcement order yet.but the demand for bank statements is on the summons.would that demand be from the court or from the opposing solicitor and if so am I obliged to comply.
     
  5. Rod

    Rod Well-Known Member

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    You must comply with the summons. The summons is a court issued document, though was probably requested by the other party.
     
  6. pat

    pat Well-Known Member

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    Thank you very much for your help
     

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