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.
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.