Bankruptcy???

Wagon_Wheel · #1 01-05-2008, 04:18 PM

Hey guys,

Just wanna have a bit of a discussion about going bankrupt.....
As some of you know i have been ripped off $750 by a seller on ebay....
Anyway, been dealing with it through the police and i got a letter in the mail yesterday, stating that this person has filed for bankruptcy, and it lists all the ppl she owes money to, anyway im one of those ppl..

So, i wasnt sure what this meant at all, so i just rang this number for the government whateva that deals with it, and yeah, she basically stated that unless this person starts earning over $50,000 a year then she doesnt have to pay any money at all to anyone she owes money to.

So as you could imagine I am more than hella ****ed off!!! Ive lost $750 cause of some twat who is a bum/drug addict or just some brainless person who cant control money or somthing.

Is there anything more that i can do? Or is it just stiff nipples for me?
Any one ever dealt with anything like this before?

So bloody angry about this....
Cheers,
One angry wookie...

vlv8vic · #2 01-05-2008, 04:33 PM

Such is life. My gf lost ****loads when her boss filed. He had his houses etc in other names and only leased his BMW. These people live this way because they are clever scum.
Lucky it was only $700 odd you lost.

Not_An_Abba_Fan · #3 01-05-2008, 04:51 PM

If they are a business then they can be done for trading insolvent. If they are a private person, you've lost your $750 I'm afraid.

adamc11 · #4 01-05-2008, 04:54 PM

Hi mate, sorry to hear this. This should be a lesson to all really, you have to be very careful. Maybe you could try and get the item back?

Actually a bit off topic.. but you should be very careful especially when buying cars.
My brother recently purcahsed a toyota from a dealer, who it turns out was going bankrupt. We didn't know this, but when we found out, we did some research and it turns out the car we purchased hadn't even been transferred into our name! Luckily we were able to get it transferred, otherwise it would have been our loss.
My freind recently also purchased a toyota from a reputable toyota dealer, and he found out months later it had been transferred into the wrong name!
Also, my uncle was in a similar situation a few years ago... he purchased a 200sx, he didn't like it so he sold it shortly after for about 30,0000. It turns out the car actually had finance owing on it, because the original owner who sold it to my uncle hadn't payed it off. So the poor bugger who got it form my uncle lost his 30,000.
Moral of the story... when buying a car, always make sure it gets changed into your name, and make sure it has no finance owing on it.

minux · #5 01-05-2008, 04:57 PM

You can apply for a court judgement against her, at the very best for you, it will stay on her record for 7 years so even after bankruptcy.

Just quickly, because it is only a $750 debt, you can do it as a minor claim through the magistrates court, do it quickly, once filed she has 28 days to pay. If she does not pay you then apply for a court judgement

Even if she goes bankrupt once you sue they have to pay you money regardless of what they earn. It will all be worked out in percentages. She has to declare EVERY bit of income tot he court, if she lies she will be charged.

The best thing about a court order is you can keep trying to get the money for 6 years. Even after 6 years its as simple as applying to the courts to re-issue.

I have a PDF file here somewhere from when I had to do it, will find it and send you a link after I upload it.
Best to see a lawyer if you are going this way.

minux · #6 01-05-2008, 04:58 PM

Quote:

Originally Posted by Not_An_Abba_Fan

If they are a private person, you've lost your $750 I'm afraid.

That is so far from the truth it is not funny.

NAAF, I beleive in WA magistrates courts will cover up to 50k for all Civil claims like this

Wagon_Wheel · #7 01-05-2008, 05:03 PM

Hmmm... i will probly call the police that were dealing with it tomorrow and find out what i can do.
Oh and when i rang they government thing they confirmed that she WAS bankrupt, not just applied for bankruptcy anymore. Does that change the situation?

minux · #8 01-05-2008, 05:04 PM

Quote:

Originally Posted by Wagon_Wheel

Hmmm... i will probly call the police that were dealing with it tomorrow and find out what i can do.
Oh and when i rang they government thing they confirmed that she WAS bankrupt, not just applied for bankruptcy anymore. Does that change the situation?

I beleive you have 3 years from when she filed bankruptcy.

greenfoam · #9 01-05-2008, 05:08 PM

Do as minux said

or if not just use paypal next time

Wagon_Wheel · #10 01-05-2008, 05:14 PM

I would have used pay pal, but there was no option for that.
As i said i will ring the police and discuss with them how to act about the court thing.
Thanks guys, doubt i will get anything back though.
Sucks how ppl aren't honest and all that, cant trust any one

Not_An_Abba_Fan · #11 01-05-2008, 05:30 PM

You can get all the judgements you like, but if they simply do not pay you then you will not get your money. They can't go to jail, they can't automatically deduct money from their income. The fact that they have filed for bankruptcy means they don't care about their credit record and they don't ever intend to refund any money.

The court system is only as good as a magistrate issuing an order for them to pay, whether or not they pay it is up to them. I have a tenant who has just vacated a property and still owes us $847 in rent and a water bill. I'm going through this at the moment, I've been told by a solicitor and REIWA that unless she actually pays it, we have lost it. The only good thing is that she won't be able to rent through an agent or anyone that requires references until the debt is paid.

VicCop · #12 01-05-2008, 05:40 PM

That's good advice there.

We can all see that bankruptcy isn't just a case of "I'm bankrupt, you can't touch me" and all the debts disappear and everyone can go and get stuffed.

Too many people think of it that way. If a bankrupt person goes and does something like winning Tatts Lotto, guess where those winnings go...

minux · #13 01-05-2008, 05:43 PM

Quote:

Originally Posted by Not_An_Abba_Fan

You can get all the judgements you like, but if they simply do not pay you then you will not get your money. They can't go to jail, they can't automatically deduct money from their income. The fact that they have filed for bankruptcy means they don't care about their credit record and they don't ever intend to refund any money.

The court system is only as good as a magistrate issuing an order for them to pay, whether or not they pay it is up to them. I have a tenant who has just vacated a property and still owes us $847 in rent and a water bill. I'm going through this at the moment, I've been told by a solicitor and REIWA that unless she actually pays it, we have lost it. The only good thing is that she won't be able to rent through an agent or anyone that requires references until the debt is paid.

Your right they cannot be forced to pay, but the court judgement will prevent any further credit from ANYONE for 7 years. Then you re-apply for the judgement. 14 years of no credit...good luck to that!!