Dodgy marine mechanic stole my motor

Lpuregeek on 05/03/2014 - 15:01

Hi

I was wondering if someone could point me in the right direction. I'll try and cut the story short.

  1. Gave mechanic boat to supply reco engine and trade in old one.
  2. Mehcanic gave back boat after 4 weeks with a not so good reco engine.
  3. Gave him 2 weeks to fix it up.
  4. 2 weeks later Mechanic didnt fix it up so i just told him dont worry about it put my old one back on.
  5. Mechanic refused, said he sold my engine already.
  6. Went to court, court ruled in my favour and awarded me 12k.
  7. Mechanic closed shop and cannot be found.

Has anyone gone through this before? What should i do from here?

Geek.

Automotive

Comments

  • bargain_knight on 05/03/2014 - 15:25
    -2

    File bankruptcy proceedings against him.

    Unlikely you will get your $12k if he is that dodgy.

    How to make someone bankrupt:
    https://www.afsa.gov.au/creditors/bankruptcy

  • Cheeper on 06/03/2014 - 12:46

    Was the $12k awarded against his business name or him personally. The latter would happen if he was not operating as a registered business.

    For that amount of money it might be worthwhile speaking to a solicitor.

  • puregeek on 06/03/2014 - 19:52

    against his business.

  • forever saving on 07/03/2014 - 11:54

    It is unlikely that you will get your funds back but don't lose hope.
    I'm assuming since you won the court hearing, you have an enforcable Judgment for $12k.

    If you can locate him and he has means to pay you may be able to enforce it. If he's working you may be able to get a Garnishee Order (NSW, QLD, VIC, NT, TAS) or an installment order (WA, SA).

    This forces his employer to pay you part of his earnings. It's doubtful he has property so forcing him into bankruptcy won't be effective.

    Good luck though.

  • mini2 on 07/03/2014 - 16:18

    Find someone who's specialise in skip trace (a decent one not someone on minimum wage that follows a script) maybe they will able to locate him…at a cost. All these judgements/garnishee orders etc won't work unless you know where he is.

  • Cheeper on 07/03/2014 - 22:58

    Enquire at your local office of Aust Electoral Commission AEC.
    Explain the situation and they may allow you to look up the electoral roll for his home address.
    Access to this has recently changed but under certain circumstances they may allow access.

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