A mutual agreement was made on 29/07/2019 for the sale of goods valued at $780.00AUD, note that it was via an online platform ( i'm based in Canberra, she is in Brisbane) . They buyer sent a false 'proof of payment' screenshot in which by then i had already sent the items to her. We've been liaising since as i've tried dozens of methods to claim the money owed to me however she keeps coming up with excuses. Around late November i issued a letter of demand requesting that if the payment is not made, the goods need to be return back to me; she failed to do so before the deadline (in fact she still hasn't complied even until today). Through the ACT civil and administrative tribunal, i published an application for a civil dispute against her. Again, she failed to action this by the due date so i progressed with another judgement made by the tribunal. She attended the first hearing which was held in March and was given a month to organise a payment. She failed to do so, as a result we had a second hearing in which she didn't turn up to and thus, the tribunal declared that she owed $855 (cost of goods sold + hearing fees) and was given 2 weeks to do this (by the 30/April/2020). She still has not paid this debt. ACAT have not been helpful from this point on as she is located in Brisbane and advised that i contacted the magistrate court in Brisbane. in doing so, the magistrate court/ Brisbane have told me that i need to deal with the matter correspondingly with ACAT. i'm going around in circles here and would like a definite answer. I'm unsure of who to progress this ongoing issue with. The respondent has been an aggressive nuisance and has wasted so much of my time and affecting my mental state emotionally due to the stress. Does anyone have any advice i can consider regarding how to escalate this and is it possible to enforce a 20% fine on top of the debt already owed as a result of all this struggle as she is intentionally avoiding me. Thank you for your time, any help would be very much appreciated!!
I have a judgment but the defendant hasn't paid
- Thread starter Jenna.aa
- Start date
First, you should get a judgment registered in Queensland. Much easier to enforce. Check whether ACAT decisions are enforceable on their own (which I doubt). If they aren’t, get the decision registered in the ACT Magistrates Court/equivalent.
Then get that judgment registered in Queensland at the nearest Magistrates Court to her.
Then you can get on the enforcement carousel.
Then get that judgment registered in Queensland at the nearest Magistrates Court to her.
Then you can get on the enforcement carousel.
So, the defendant has fled the country apparently and he is refusing to respond to my emails and my VCAT emails as well. He found a legal loop hole enough time for him to open up a case and flee the country and sell his business and retire. What do I do? I have already enforced the VCAT order through the magistrate's court for him to attend an oral examination but I am not holding my breath and I doubt he will attend. I already had a third party to serve him the oral examination in person at his last known address but no luck there and I know he is alive because I've sent him an email through another email address and he has responded to me last week telling me he is overseas and has sold off the business and has retired. I am unable to do a hypnotherapy course offered by him. What are my options? Obviously, he is laying low to not take any accountability and get this a debt collector is also after but he is been absconded and they cannot discuss the matter with anyone about it. He owes me at least $5000 in cash because of the entire court costs and he did receive the 2nd Mail I sent to his last known address as well. The vcat order finally went in my favour but by then it was already too little too late the guy found enough time to flee the country but I've had it enforced through the Magistrate's court.