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My crash / resolution thread

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by benn0551, Jan 19, 2011.

  1. MrX = The guy that crashed into me.

    8/11/10 - MrX ran into me. Police called, minor incident. Police advised I would receive event number later that day/tomorrow.
    8/11/10 - My insurer wanted nothing to do with me as I am 3rd party. Darn.

    - I realised I all MrX's details except the phone number. However I know he works for XYZ. I wait for police event number, but nothing. I call and leave messages with Constable. I am chucked around and not called back for a week.

    17/11/10 - Call MrX Boss and leave message for MrX to call me. MrX Boss knows about the crash already. MrX is a contractor. MrX Boss seems to be on my side.
    22/11/10 - Call MrX Boss and leave voicemail I had no reponse from MrX.
    24/11/10 - Call MrX Boss. MrX Boss advised he has left 2 messages for X to call me. Boss says don't bother waiting, start the Letters of Demand. No response.

    - I finally got the event number and MrX home phone. Felt stupid I could have phone booked it. I had to complain to the Traffic Sergeant to get a call back from the Constable who attended.

    27/11/10 - Letter of Demand delivered to MrX letter box. Noone home. No response.
    30/11/10 - Called MrX and left message with wife for MrX to call me back. No response.
    1/12/10 - Called MrX and was advised MrX will be home later. No response.
    1/12/10 - Called MrX and leave voicemail. No response.

    2/12/10 - Called MrX and leave voicemail. No response.
    3/12/10 - Registered Post Letter of Demand stating court action in 7 days. No response.

    17/12/10 - Lodged Statement of Claim for damages and filing fees. No response.

    17/12/10 - Advised repairer to go ahead and fix my bike. I want it back :(

    22/12/10 - Call from MrX insurer asking for details. Emailed insurer Police Event Number and my witness details.

    29/12/10 - Registered Post 3/12/10 returned to sender.

    13/1/11 - FINALLY got bike back, but still needs the tank fixed.

    14/1/11 - Called MrX insurer and asked for update. With legal, no further information.

    19/1/11 - Checked with court, no communication from MrX so I am awarded default judgement. They ask how I want this enforced.

    I can



    a) Garnish wages
    b) Seize property

    I am going to go with property so I can get my funds back quicker.


    Is there anything else I can do?!?! I don't want to send the Sheriff to seize property but I don't think there's any options left?! Are there?
     
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  2. stuff him...if that's what it takes to get a result..

    Im still getting stuffed about for an accident I had in September 2010
     
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  3. I have been more and more inclined as this day has progressed to send the Sheriff. Has everything I have done so far been the correct course of action?
     
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  4. yep.

    Although personally i would have gone wages, because you are going to end up with junk to sell.. (or does the sherrif do this?)
     
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  5. Sounds like a good result so far,

    You might find that once the Sherrif is carrying his TV out the door he is able to come up with the cash in one go. Most likely just seeing how far he can push it.

    Can I ask was the judgement in relation to the tank based on quotes or will you have to recover that at a later date ?
     
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  6. I have paid upfront for all my repairs. The tank will be repaired AFTER I get my P plates. I need the bike for practise at the moment so it's all fixed except for that. Total bill was $3250 damages. Would of been a write off had he actually called me and spoke with his insurer before I sued him.

    I hope the Sheriffs office sells his junk... I want the cash :(

    The reason I chose against wages was that he is a contractor and 60yrs. IF he only works a few days a week, it will be close to a year to be compensated. Granted, IF and BUTs.
     
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  7. I reckon good call not to garnish. Contractors always have dodgy ways to hide income, he probably would be only reporting 10k or something pa.

    He may still pay when they come collect his stuff especially if they take his tools.
     
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  8. Good luck with the recovery, it really sucks that you have to expend so much time and energy to recover your dues, on top of the fact you were crashed into.
     
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  9. So when you obtained judgment was it for the amount of 3250? Cause if you garnished his wages usually you can apply for an examination of summons first, where he has to fill out a questionnaire of his last 3 years of financial records. If he's a contractor (they're all dodgy :p) its more then likely he'd get done eventually for tax evasion. Then you can issue the garnishee order and in a best case scenario leave him with around $400.00 a week and take the rest ;)

    Edit: Good luck man I hope you get what you're entitled too!!
     
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  10. sucks that you had to go to all that hassle but it sounds like you've at least got a result that will compensate you.

    I'd also go with property. Garnishing gets done a lot by government and to be honest, people always manage to get out of it somehow and you're right... you could end up being paid back $40 a week for the next 18 months or so.
     
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  11. I beleive that a sherriff can not force his way into a property,so unless he lets him in the house theres nothing coming out.I could be wrong but thats what i heard.Good luck with the scumbag if it all goes to shit sit outside his house on the nature strip with a big sighn letting all that pass know hes a shithead.
     
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  12. It was $3250 + $118 filing fees. Tomorrow when I lodge the property order, it goes up another $70.
     
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  13. Pretty sure the Sheriff won't take anything you need to earn a living, I used to share a house with a dodgey sparky who had a shite ton of GST money owing plus a messy divorce and a bunch of other proceedings. This guy had a lot of court orders as a result. The sheriff would come around, not touch anything in the shed or van, and then we'd claim that all the furniture and appliances belonged to me or our other housemate. Pretty hard for anyone to check.
     
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  14. Thats right , Tools of the trade are exempt.
     
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  15. Well I lodged everything today, so now I just wait and hopefully get reimbursed.
     
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  16. Good luck and well done for keeping detailed records of the dates etc that you tried to contact the sucker
     
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  17. let us know what happens with repos, ie do you get a old tv and a computer or do they sheriff sell it? because it sounds like it would be hard to judge exactly how much something would be worth second hand to get the proper amount.
     
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  18. The sheriffs office takes and sells the items and then provides cash to settle the debt. He can still propose a payment plan if they show up... and that'll be 3-4 weeks away.

    My advice... get comprehensive insurance so you don't have to deal with this!
     
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  19. So, a weekend after submitting the Writ for Levy of Property, a law firm calls me representing his insurance company.

    Why do people need to wield the force of the law before companies and individuals decide to deal with them? Such a pain.

    Law firm asked how much I want to make this go away, so I said "The cost to repair my motorcycle... the amount I have been asking for for the past 2 months?!?!" She is going to told to the insurer and let me know the outcome. Why the insurer didn't pay this over a month ago is beyond me.

    Bah.
     
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  20. keep pressing on - good on you for sticking to your guns.

    Seizing property is probably the way to go but you'll find its not always quicker. Seized property can also still be left at his house meaning he is not always going to act quickly to pay the outstanding amount. Probably likely given his conduct thus far.

    An important thing to communicate to him and his sols/insurer is that you intend to charge interest - there is a local court interest rate. Find out what it is and charge the total amount you can ensuring you let them know that it will continue to accrue until the day it is paid in full.

    I think from memory you also have 12yrs now to recover money from a judgement debt so if there is talk that not all the money is available or there are not enough assets to cover the level of debt don't be fooled into taking a token sum to resolve it. Bide your time charge your interest and ask for updated financials each year that the LC can do for you.
     
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