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Small Claims/Disputes Tribunal


McMatty

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Who has been and why? Ive recently been through the system to get payment for my old Legacy that someone rolled. The amount theyve been ordered to pay isnt all that big however they are now refusing to pay and have started threatening me. How did you all get your payment when they refused? 

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Small claims court, pay fee - take a court date. Present your case, including itemised quotes (more than one). The judge takes a few days to think about the case, response is mailed to you. Once awarded payment etc you can get it enforced at your local court house / dispute tribunal. Sometimes the defendant will make arrangements and pay via instalments to the court who then pays you.

 

I’ve taken Luxurysports to small claims over a defective product and was awarded a full refund, they paid it pretty quick.

 

I’ve also gone through it with a lady who crashed into my car and avoided all contact / liability for it and then tried to say I crashed into her. A year later I went to disputes tribunal with my insurer and as far as I know she’s now being chased by the courts to pay my old insurer. 
 

It can be a long process if the other person is a muppet. You can request that your personal information isn’t shared to the other party when the court documents are served (address etc are normally plastered all over them). Threats you would have to show the Police and issue a protective order (they get arrested if they violate it)

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Wait, hang on. You say they've been ordered to pay, ordered by whom?

 

If you already have an order from some sort of court/tribunal/blah, just go to your local district court and get them to enforce it. They'll probably start by sending a letter or two, followed by a bailiff if money doesn't start flowing again.

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letter from your lawyer (or you with a good looking letter head) can often put pressure on

 

give them a time limit or a chance to 'arrange payments in installments (somethign better than nothing)

 

then say you'll be handing the 'invoice to a collection agency, and costs included etc

 

& ahh yeah just because you've been awarded, the 'enforcement' is not automatically part of the process, I never received my $65~ for my nicked piss

 

(burgler received 9 months)

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Wait, hang on. You say they've been ordered to pay, ordered by whom?
 
If you already have an order from some sort of court/tribunal/blah, just go to your local district court and get them to enforce it. They'll probably start by sending a letter or two, followed by a bailiff if money doesn't start flowing again.


Ordered to pay by the disputes tribunal. I have already printed out an enforcement order application just need to fill it out and send it in but figured I'd talk to my uncle about it first (partner at a law firm). I'll be going and seeing him this weekend hopefully so I'll let you all know what he says

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  • 1 month later...
Any updates on this? Did you get your money, or have their arse hauled to jail?
Right, so. Not really. Didnt get any money, has to go back to court for a financial assessment however shes moved and hasn't provided an address so until I provide an address the court cant summon her. So at this moment it looks like I'm not going to get anything. You can apply to the court and a couple other places to try and disclose their new address but that's only if they've changed their address officially. It's also more money to do so

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Sorry to hear that. Sounds like a right pos that needs a visit from your "mates" when you locate her. 
I thought about doing that nut decided to take the high road. Nothing ever gets sorted by doing that but it also seems nothing gets sorted doing it the right way

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  • 3 months later...
So, I'm curious but did you end up getting a resolution? 
In the end she was told she owes me $3350 and she has done a runner, I'm at the point where its really worn me out and I don't know whether its worth continuing to fight for it, its been months now and nothing

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3 minutes ago, McMatty said:

In the end she was told she owes me $3350 and she has done a runner, I'm at the point where its really worn me out and I don't know whether its worth continuing to fight for it, its been months now and nothing

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To be perfectly honest, I'd chase that. $3350 is a bunch of money. That's a big old EFR spooly boi, or half a forged engine build. Maybe even paying someone to chase her down and get the things you need without you having to do the leg work is a good move? 

 

It's up to you, but I'd chase them simply on principle. s***, I did it for $75 to vodafone, because screw them for trying to ruin my credit.

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Once I get court rulings I just send all my s***e to a debt collector and let them deal with it. The firm I use only charges me if they collect so I don't have to worry about it.
Don't suppose they're around the bay of plenty area?

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5 minutes ago, McMatty said:

Don't suppose they're around the bay of plenty area?

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Nah but that's irrelevant (to me at least).

 

An email with the tribunal ruling is all you really need to do. Then supply your bank account number and watch the money trickle in (simplified summary :D)

 

 

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Nah but that's irrelevant (to me at least).
 
An email with the tribunal ruling is all you really need to do. Then supply your bank account number and watch the money trickle in (simplified summary :D)
 
 
Sounds like a plan! As long as they can find her

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  • 2 weeks later...
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On 13/03/2020 at 11:44 AM, McMatty said:

Sounds like a plan! As long as they can find her

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Just go back to court and say I have this ruling and they haven't paid me. Make it the bailiff's problem. Any additional costs just get added to the amount due; the courts take a very dim view of people just dodging their rulings.

 

If they're on the benefit you can even get an "attachment" where you get paid directly before they even receive the money; when they're a deadbeat that really stings, especially if you can get an aggressive payment schedule going on.

 

Leads to fun stuff where they rip someone off so they can pay their court-ordered dues (happened on here once) and nek minnit they're going to jail, it's a fun process dealing to s***bags.

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Just go back to court and say I have this ruling and they haven't paid me. Make it the bailiff's problem. Any additional costs just get added to the amount due; the courts take a very dim view of people just dodging their rulings.
 
If they're on the benefit you can even get an "attachment" where you get paid directly before they even receive the money; when they're a deadbeat that really stings, especially if you can get an aggressive payment schedule going on.
 
Leads to fun stuff where they rip someone off so they can pay their court-ordered dues (happened on here once) and nek minnit they're going to jail, it's a fun process dealing to s***bags.
Thanks to the power of Instagram I've actually found where she works, so I'll be adding an attachment order to her pay once this whole lockdown thing is done with

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7 minutes ago, McMatty said:

Thanks to the power of Instagram I've actually found where she works, so I'll be adding an attachment order to her pay once this whole lockdown thing is done with

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Go gettem'.

 

CSI:ClubSub strikes again? :P

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  • 4 weeks later...
On 26/03/2020 at 6:18 AM, McMatty said:

Thanks to the power of Instagram I've actually found where she works, so I'll be adding an attachment order to her pay once this whole lockdown thing is done with

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Good work. Make the POS pay, you deserve it.

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  • 1 month later...

Right, so a little update for those who care. I've finally filed an attachment order to be put onto her pay and its been approved. The business shes works for has been ordered to deduct $50 a week from her pay and send it to me. From my calculations thats 72 weeks if the payments are all made and on time which means I might have some spending money for Christmas next year. The attachment order states that its up to me to make sure payments are coming in so a few calls to her place of work might be made. And while $3580 might not be a whole hell of a lot to be fighting over for the time its taken and will continue to take. i think an example needs to be made so the next person doesn't get let off so easily.

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Just now, McMatty said:

Right, so a little update for those who care. I've finally filed an attachment order to be put onto her pay and its been approved. The business shes works for has been ordered to deduct $50 a week from her pay and send it to me. From my calculations thats 72 weeks if the payments are all made and on time which means I might have some spending money for Christmas next year. The attachment order states that its up to me to make sure payments are coming in so a few calls to her place of work might be made. And while $3580 might not be a whole hell of a lot to be fighting over for the time its taken and will continue to take. i think an example needs to be made so the next person doesn't get let off so easily.

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 Nice. Well done. I've gone to court for WAY less - it's the principal not the money I care about more.

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