I am hoping that someone has some suggestions to help me with this urgent issue.
Our ex-tenant, Mr U, owed us more than $6000 in April 2012. We got back $1200 from his bond after he reluctantly signed it over. We went to court in Jun 2012 with Mr U and the court stated that a payment of $4582 was to be paid to us (We gave Mr U a discount of $500 to encourage payment). We went to court again in Oct 2012 when he did not pay us a cent. Mr U was ordered to pay us by instalment. After paying us $100 with no other follow-up payments, we went to court the 3rd time in April 2013 and an Earnings Appropriation Order was issued to his Payroll to pay us by instalment. The court ordered him to fax in his Payroll address to the Court and he did not.
We went round looking for his Payroll address in May 2013 and after we found it, his Payroll stated that he no longer worked for them. The Bailiff was supposed to serve him another Means Inquiry Order at his home address in July this year but was mistakenly misdirected by the Court to serve him at his workplace. Of course, the non-service means that our hearing had to be postponed. We decided to serve Mr U the order ourselves in Aug 2013 and found out that he had disappeared. The Magistrates Court told us that it is our responsibility to locate him and would not help us further even though we told them that the Court had previously lost our lodgment (January this year), and the Bailiff had served Mr U at 7:55 in the morning (Who goes to work at this hour?) at his workplace in March 2013 resulting in a non-service and postponement of a hearing. They had unnecessary delayed the process.
We were going to let the matter go after all the trouble with the Magistrates Court. However, Mr U had been paying $500 a week for 15 months (April 2012 to July 2013) living in a luxury apartment (equipped with a gym and swimming) while refusing to pay us. He was renting from us for $1200 a month (less than $300 a week)!!
I am hoping that someone out there has some answers for us. The Court suggested that we hire a private investigator to locate him. It is costly and we have already spent time and money taking him to court. Does anyone have similar experiences? I am pretty sure his daughter's school, Centrelink, Electoral Board, Australian Post will not assist us as we have no legal authority to make them tell us where Mr U lives. I hope Steve won't mind me posting this in this forum. I am out of answers.
Sincerely
Jocelyn
Have you tried posting on property investing . com ? Might have a bit more luck.?
The early bird catches the worm, but the second mouse gets the cheese.
Thank you so much. Never tried that before. Will give it a go.
Do you have landlord's insurance for the rent arrears?
You could try a debt collector - a colleague who was in similar trouble had success there.
I agree with munmun - propertyinvesting.com
No actually, did not know about landlord's insurance before. Found out about it a few months later. Will be so much more thorough next time!
Rang up a debt collector before we started the Court proceedings - they said it would be costly and we need to go through the Court.
But at this stage, we will need to give it a go.
Thank you so much, appreciate it!! So helpful.
Try the following.
1. Voter register,
2. Phone White Pages
3. Facebook
4. Twitter appear
5. Google search
Colin Newland
B.Bus ACIS ACIM
M28 Investments P/L (AU)
Phoenix Property Investments and Management (DE)
Phoenix Property Investments (UK) Limited
Griffin Investments
Thank you. Thank you. Thank you.
Great ideas.