Security of Payment Act | Enforcing Your Judgment Options | Contractors Debt Recovery
Channel: SecurityofPaymentAct
Date: 2011-12-15

http://www.securityofpayment.com.au/
https://www.contractorsdebtrecovery.com.au/
 
This video is brought to you by Contractors Debt Recovery, and will help you prepare for security of payment claims, adjudications, and milestone payment disputes. Success in Security of Payments matters relies on good evidence and solid preparation. You should try to implement these strategies to give you the best chance of success under the Security of Payment Act, no matter where the work was done:
 
Security of Payment Act NSW
Security of Payment Act QLD
Security of Payment Act VIC
Security of Payment Act ACT
Security of Payment Act SA
Security of Payment Act Tasmania
 
If you have any questions or want to know the details to have Contractors Debt Recovery run your matter for you, then go to our website [see the link on this channel] or call 1300 669 075 Australia-wide. We are well versed in the security of payments act and can help with any type of claim.


Enforcing Your Judgement Options from Contractors Debt Recovery 

Hi, there.  Anthony from Contractors Debt Recovery again.  Today, we're going to talk about enforcing judgment.  How do you get a judgment against someone who is not paying you either through adjudication under security of payment or statement of claim process through court?  You can get a judgment that can be filed in court or registered in court as judgment against your debtor.

Now enforcing judgment is the fun part of the whole process. This is where you get your money. This is where you enforce the righteousness you'd manage to achieve through your payment dispute or through adjudication or whatever process you've gone through to get judgment.  Not enough people are interested in it.  Oh yeah, we won.  We won the case. 

Well now what?  Now you want to get your money.  Wasn't that the point of the whole process?  So what do we do?  Here are the options available to you generally around Australia in various forms.  The first one is a garnishee order.  You can get an order from the court for an order to be served on a bank where your client banks to suck the money out of their account.

If the judgment debt is $27,500 there will be a garnishee order you can get.  Send it to the bank.  They'll look for your client's account.  If its there, they'll take the money out or take as much out.  If it's less than $27,500 they'll take out everything.  All right.  If you don't know where your client banks, you can simply garnishee bank after bank after bank at no extra cost until you hit some pay dirt.  I've certainly done that a few times.  So garnishes order for sheer entrainment value that's your no. 1 choice cause there's no warning, the money just comes out.

Second you can do a bit writ for levy on property otherwise known as sending the sheriffs around. The sheriffs will come around to your client's business or where they have property or vehicles or plant and seize it with the intent to auction it off and pay you out of the proceeds.  Now whenever I send sheriffs around they'd usually walk out with a check from the client and that settles the dispute.  So that is open to you, a writ of execution, a writ for levy on property or send the sheriffs around to cease property and sell at auction.

The third one is a statutory demand.  You serve the creditors statutory demand on your client after you've achieved judgment.  They have 21 days to pay or you can begin the wind up process.  You can basically assert that they're trading while they're in insolvent and move on from there.  So that's a very powerful lever to get your client to come out from under a rock and to pay you or to at least force a settlement.

The fourth one is an instalment order.  So when you have a judgment against a client you can agree that they pay you by instalment. But an instalment order is basically an agreement for them to pay you but that's an agreement they make with the court, not with you.  So it got some clue to it.  An instalment order so you can agree how much they pay you and what date every month they pay.

So just to summarize some ways to enforce your judgment a garnishes order, a writ for levy on property send the sheriffs around, a statutory demand and an instalment order.  [Therefore big news for you], think about it.  And remember don't lose interest when judgment that's only half the job.  Getting your money is the full deal.  I'll see you next time.