Not sure if I missed a post however has the builder been issued a Summons for Oral Examination?
I think SOE (Summons for Oral Examination) is the starting point before Garnishee order.
Could very well be, good point. A starting point to take it further I suppose.
Agreed. Also, It dependents on the debtor size, in some cases you could go directly to warrant to seize property. e.g. If your builder is rich and have display homes and big display stuff, etc.
I suppose type of builder will pay if the VCAT order is made won't risk up to court (genuine dispute, rather than try to rip you off).
Hi Karma,
Sadly, even though we won our VCAT hearing and sent the sheriff out twice with a warrant to seize property, we have not recouped the funds. The next step was to file an order to bankrupt the builder, the overall cost of doing that is around $5,000.
Since we are owed $7,900. we deemed it pointless and a stressful exercise when we wouldn't see all of the funds back (we wouldn't get the money back for filing the bankruptcy order).
The system doesn't work in favour of the little guy! We had to let it go. Sadly.
Best of luck with your scenario.
Thank you Helena - great that you can respond so quickly! i refuse to be over-ridden so we are going down the Armageddon path. if i have to bankrupt this guy i am going to do it. His personal initials are RD and his trading name for his company was DGS. so obviously not the same guy. (But any others out there see that this matches their creditor, please communicate with me!). I have looked through the blog and determined we are getting a Summons to attend for Oral Examination (SOE) first. i realise that he could just lie and say that he has absolutely nothing but i am going to personally attend and note what is presented in the Magistrate's office. he has since set up a company and moved his business to that but his home may be in his personal name but even if it is and the Court may refuse to force him to pay the $3,600 or so out of a mortgage on the house, i will then apply for instalments. this will be mentioned at the SOE and i am hoping it can be discussed with the magistrate as to what is a reasonable repayment (with the 10% interest added of course!). my understanding is that if he then doesn't pay the agreed instalments, he then can be arrested (but i need to check that out).. any other thoughts out there would be appreciated. thanks for kicking this off Helena. i am really sorry you were abused like this - i see it as personal abuse and these guys should be jailed!Hi Gary, I’m sorry to hear that. We have never recouped our funds and just had to swallow it as there was nothing else we could do.
I won’t give the persons full name on here but his first name starts with a D and he was in the western suburbs (we were in Seddon) so he might still be in that area.
Best of luck !