Bankruptcy???

[Wagon_Wheel]

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]

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]

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]

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]

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]

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]

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]

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]

Do as minux said or if not just use paypal next time

[Wagon_Wheel]

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]

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]

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]

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!!

[VicCop]

As i said i will ring the police and discuss with them how to act about the court thing.

No, don't hassle the investigating police about a civil debt matter. Either contact the court directly or a solicitor.

The police role was only to find the offender for criminal matters, being Obtain Property by Deception (or equivalent offence in your state). The police don't chase up civil debts. However if they did charge the person they can request a restitution order from the court upon them being found guilty. However that hinged on them actually being charged and found guilty.

I would suggest sticking to the civil process.

Actually, I just noticed you are in Victoria. See if she has been or is going to be charged. If she hasn't been able to deliver on the E-Bay deal due to financial trouble then I would guess that she won't be charged with anything and it will be written off as a civil matter.

[Wagon_Wheel]

I will be ringing the police, to find out what the next process is, im not going to whinge and bitch and that.
Ive already accepted a long time ago that i've lost the money, but i would like to see it back, so im going to see if there is anything i can do, if not ill leave it to rest

[Cobez]

Hopefully someone delivers her a schtunning blow of lebanese half turn heel kicks and a schlinging snap kick, followed by pounding with their fists of fury.

[Reaper]

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...

Unfortunately it's a case of stiff ****. Be happy it's only $750. I'm owed over $35k from one company that went belly up. On top of that the liquidator wanted me to pay back some of the money that the company had paid over the last month. I'm currently fighting that one. I don't think I will see any of the money that is owed to me.

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.

True. However you need to prove that the directors of the company knew they were trading with little chance of satisfying the debt. This is very difficult and usually not worth the money it will cost.

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 problem in Vic is the system is as weak as ****. The magistrate will make the order but if the defendant doesn't pay it is up to you to apply to the sheriff (at your cost) to seize property. Unfortunately they are very limited in what they can take and if the person has gone bankrupt, what they have will be of little or no value anyway.

Probably the best thing is chalk this one up to experience. Wish I could give you brighter advice.

Reaper

[Wagon_Wheel]

Nah its cool guys, like it doesnt really affect me in any way, cept i just coulda spent that money on somthin else, but yeah.
Just wanted to know what there is to do, and other ppl's experiences.
That SUCKS about the 35 large, is there anything at all you can do about that?
Now that is a LOT of cash!

[CHEETR]

we went through this for $103,000, a building company who we did 6 kitchens for, filed bankrupsy then opened under another name. so left our familys business in alot of debt for materials and labour.

they are currently paying us $5 a day

[adamc11]

we went through this for $103,000, a building company who we did 6 kitchens for, filed bankrupsy then opened under another name. so left our familys business in alot of debt for materials and labour.

they are currently paying us $5 a day

Some people are so freaking cleazy it shi*ts me!

[Reaper]

Nah its cool guys, like it doesnt really affect me in any way, cept i just coulda spent that money on somthin else, but yeah.
Just wanted to know what there is to do, and other ppl's experiences.
That SUCKS about the 35 large, is there anything at all you can do about that?
Now that is a LOT of cash!

Nup. The receivers are chasing me for another $20k or so to be returned to the company which we are currently fighting. The ****ers owe me $35k and then have the hyde to say I should repay $20k - how ****ed up is that? Either way it's costing me a fortune even if we do win.

For the record I received the $20k in good faith and did not know the company was about to fold (otherwise I wouldn't have kept supplying them). The money was not a preferential payment in any shape or form.

Reaper

[Wagon_Wheel]

Thats messed up both of you.
Cheetr, $5 a day for 103000!!! thats not right.!!!!

[adam69]

My local milkbar has claimed for bankruptcy not too long ago.She drives a big black merc and he drives a black BM convert.

[hsvpunk]

Thats messed up both of you.
Cheetr, $5 a day for 103000!!! thats not right.!!!!

geoff, they can do it.. $5 per day, is better than nothing a day, thats why it is in the law.
I know it doesnt sound right, but its better than a kick in the pants.

[Full Spectrum]

I know a snake that goes bankrupt 1-2 years after he's name goes clean.
Then he starts up again and bang bankrupt again. Why does the system put up with such scum as this.

There are some who genuinely need to settle debt but can't keep up and only have 1 option or die with it.. Genuine people who need to apply for bankruptcy don't take it lightly, These people do and apply like they are buying for a pizza.

I'm currently in my own **** pile, It's a bit personal and it involves my brother who is a scum bag, Also police involved, Short side i have been left with a huge amount which i can't come close to paying, Disapering act's and fist fights.
I have been told by who i owe the money to go bankrupt, I've been on the phone non stop trying to avoid it, But other then a lump sum what can you do?.

If you can't trust your family who can you trust?.