Thread: How to track someone down?

Originally Posted by rockyroad

Just thought I would add that the ad at the top of the page when I finished the previous post was for landlords insurance.

Freaky

The ads are linked (somehow) to the page topic. I guess they pick up certain words & go from there.

I used to be a NSW Sheriff's Officer and had to execute writs like this routinely. The Sheriffs can only seize goods that have a reasonable chance of selling at auction. So, if the debtor doesn't have possessions that are worth anything getting a Writ of Execution for that amount wouldn't be the best way to go.

A better way would be if you can find out where or who they work for and getting a Garnishee Order :
Garnishee orders - LawAssist : Lawlink NSW

If you have any of their old bank statements in the rubbish you could recover the debt from their bank account provided you have the Garnishee Order. Its a pretty potent weapon in recovering debt that not everyone knows about.

Anyway, that's an option.

Also, the Sherrifs cannot seize a $15000 car to recover a $5000 debt. It has to be something reasonable close to the amount to be recovered.

What about a private investigator?

Originally Posted by korg20000bc

A better way would be if you can find out where or who they work for and getting a Garnishee Order :
Garnishee orders - LawAssist : Lawlink NSW

If you have any of their old bank statements in the rubbish you could recover the debt from their bank account provided you have the Garnishee Order. Its a pretty potent weapon in recovering debt that not everyone knows about.

Anyway, that's an option.

In the late eighties when I worked in real estate in the eastern suburbs of Sydney the old Real estate agent who owned the business used to go out of his way to select government employees and especially those in the Defence force as tenants if they applied to rent one of his properties.

The reason he told me once was because it was so easy to take out a garnishee order against government employees because you always knew were they worked if they did a runner or fell behind in paying or worse still wrecked the joint. Just a thought for the future and good luck tracking them down.

cheers,
Terry

Originally Posted by korg20000bc

I used to be a NSW Sheriff's Officer and had to execute writs like this routinely. The Sheriffs can only seize goods that have a reasonable chance of selling at auction. So, if the debtor doesn't have possessions that are worth anything getting a Writ of Execution for that amount wouldn't be the best way to go.

A better way would be if you can find out where or who they work for and getting a Garnishee Order :
Garnishee orders - LawAssist : Lawlink NSW

If you have any of their old bank statements in the rubbish you could recover the debt from their bank account provided you have the Garnishee Order. Its a pretty potent weapon in recovering debt that not everyone knows about.

Anyway, that's an option.

Garnishees only work if the debtor has a job and you can find out where. If they are on the rock'n roll or a pension then these payments are inviolable and can not be attached for other than Commonwealth debt, e.g Centrelink overpayments, and then only a maximum of 14% can be taken per payment.

Many debtors resign their employment as soon as a garnishee or child support order is served on the employer.

I assume you're talking about Qld legislation.

In NSW the debtor only has to be left with a minimum amount to live on which is currently set at $409.10/week. If they earn anything above that it can be seized for the creditor. That's Garnishee against wages.

A Garnishee against savings in a bank or other financial institution can take their entire savings.

Originally Posted by korg20000bc

I assume you're talking about Qld legislation.

In NSW the debtor only has to be left with a minimum amount to live on which is currently set at $409.10/week. If they earn anything above that it can be seized for the creditor. That's Garnishee against wages.

A Garnishee against savings in a bank or other financial institution can take their entire savings.

Pensions/benefits can only be attached for Commonwealth debt as outlined above. These payments can not be garnisheed. This is Federal legislation. To give an example of the protection afforded welfare payments, if a pension/benefit is paid to a bank or other account that is overdrawn, the lender can not take any part of the payment against the overdraft. The pensioner/beneficiary is entitled to draw out the entire amount of the welfare payment in one transaction.

As to garnisheeing bank accounts of welfare recipients, the best of British luck to you. Benos don't usually have anything in the bank.