QLD Orders to Make Payments on a Debt Not Being Complied?

Discussion in 'Debt and Bankruptcy Law Forum' started by Bananatree, 26 April 2019.

  1. Bananatree

    Bananatree Active Member

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    Hello,

    Background:

    I am the creditor in a very long debt battle where I am owed a significant amount of money from a deposit from work that was put down and the contractor then disappeared. I have been through qcat and got a judgement. This went unpaid and I filed it with the magistrates court. The debtor then contacted me and we agreed on a multi year payment plan of $100 per fortnight. I received one payment and then he disappeared again. I have then done an enforcement hearing which after a few false starts eventually got the required financial information.

    The debtor then commenced talking to me and an agreement was made where he said he could comfortably pay $140 per fortnight which his financials confirmed. So I applied for a payment order for $140 a fortnight which was granted and served. He then missed the first payment before paying two and missing another. I sent him an email advising him he was 2 behind and therefore in breach of the plan and asking if he would be rectifying it or if we were returning to court. He then paid another this wednesday and with another payment due today has again missed (so 2 missed to date as of today).

    My understanding from reading the orders is that the moment he fell 2 weeks behind the orders became void and so even if he catches up (which I don't expect anyway) the orders are already voided and not enforceable.

    So sorry for the intro but my questions are:

    1. Are the orders void as he has been 2 payments behind?

    2. I agreed to payment plan orders rather than a warrant on his employer as he is casually employed and advised he thought his employer would just cancel his employment if they had a warrant which would do neither of us any good. Is this a likely outcome from an employer?

    3. The orders state '2 consecutive payments behind' i am assuming that when a payment is made it is counted as the earliest payment and he cannot just make every second payment but if someone can clarify this that would be great.

    Any help would be greatly appreciated.
     
  2. Rob Legat - SBPL

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    1. I’m not sure what you’re meaning when you say orders. If it’s an agreement as to payment, it depends on the terms of the agreement.

    2. That’s up to the employer. I assume you’ve done the enforcement hearing and checked out the status of his employment from payment records, and his bank statements. There may be another angle. Garnishee orders from wages are difficult to begin with anyway; they only last for a set duration, and Registrars have discretion to not allow them if they think it will cause hardship.

    3. That’s correct based on general principles. Each payment made is allocated to the next payment due. So if he’s paid every second week for 10 weeks, then he’s made the first five payments and missed the next five.
     
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  3. Bananatree

    Bananatree Active Member

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    Hello
    Thankyou very much for your reply and my apologies for not seeing this earlier.
    The orders we have are payment plan orders which were granted by the registrar and state on them that they are void when two consecutive payments are missed. He did not agree to them they were granted by tge registrar. My concern is just that if i let him stay multiple (currently 3 payments) behind and i have to go back to court to enforce again the registrar wil see it as the orders lapsed a long time ago.
    Yes we have been through enforcement hearings etc. The registrar did ask in the proceedings if i wished to have his wages garnished or go the payment order but due to the casual employment i only sought a payment order. The registrar actually said in the court that 'when he breaches come back and we will do a warrant for his employer'
    I am just trying to determine whether i should go back and seek the warrant for wage garnishing or be thankful that i am getting some all be it irregular and small payments. To provide perspective even under the terms of the orders it is still a multi year debt
     
  4. Rob Legat - SBPL

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    Personally I'd stick with what you have if it's kind of working. There are too many things which can go wrong with warrants against employers, and they only have a limited time to them.
     
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  5. Bananatree

    Bananatree Active Member

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    Thankyou for the advice i will run with it for now and rethink if it stops completely
     
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