NCAT Hearing, We Won, Defendant MIA

Capo93 on 16/09/2025 - 22:23
Last edited 17/09/2025 - 09:44 by 1 other user

I’ll keep it short. We contracted someone to manufacture parts for us. They had done previous work for us so we trusted them and paid deposit and progress payments. Eventually we said no more and they said we never made the product. Promised to pay back but never did. We took them to NCAT, we won. We have tried to up lift property, garnishee bank accounts, all to no success. He has now change his phone number and blocked me on socials. What are everyone’s options or tricks to getting new contact details?

I can see his Facebook on someone else’s account but profile is locked.

My next step is showing up at his front door with the last known address I have for him. Or ACA 😂

Education & Work

Comments

  • Far Cough on 16/09/2025 - 22:52
    +6

    bikies

    • Capo93 on 16/09/2025 - 22:59

      I was going to put that in my post as an option 😂

  • websterp on 16/09/2025 - 23:00
    +1

    We contracted someone to manufacture parts from us.

    You mean like body parts?

    • Capo93 on 16/09/2025 - 23:05

      For us sorry, not from us. Axles to be exact.

  • Ryanek on 16/09/2025 - 23:12

    How much are we talking about here?

    • Far Cough on 16/09/2025 - 23:27
      -1

      probably not much

      • Capo93 on 17/09/2025 - 07:39

        A little bit over $4000 at the moment.

        • Far Cough on 17/09/2025 - 07:47
          +2

          Time to move on mate. Not even worth NCATs time

          • ATTS on 20/09/2025 - 17:36

            @Far Cough: If self represent does it still cost money?

  • PLIHA5 on 16/09/2025 - 23:34
    +2

    Capo, capo… username doesn’t check out

    • Capo93 on 17/09/2025 - 07:40

      😌

  • Porker on 17/09/2025 - 06:53

    The ruling may not mean much. Sadly, the other party could ignore the order and then not much would happen to them from the NCAT perspective.

    In order to recover any funds etc, you may need to go to Magistrate Court.

  • Dollar General on 17/09/2025 - 08:45
    +1

    When NCAT make an order, which body is responsible for enforcing that order? That’s where you need to start

    Go back to NCAT and ask them or look on their website

    • Capo93 on 17/09/2025 - 10:43

      They're useless. See a response below from them:

      "Yes, it can be very frustrating if the debtor has no money or goods of value to satisfy the debt.

      We can send correspondence to them and advise that you accept their offer to pay $100 per fortnight and ask they file the NoM to pay by instalments.

      You also have 12 years to enforce the judgement form the date it is entered, so if the debtor does not have the funds right now, they may in the future. The judgement will also appear on their credit report which can affect their ability to obtain a loan."

  • DashCam AKA Rolts on 17/09/2025 - 08:51

    From https://www.legalaid.nsw.gov.au/my-problem-is-about/my-money…

    If you’ve tried to resolve your matter without going to court, and the other party still won't pay you, you may need to start a court case.

    The first step is to complete a Statement of Claim form and file it in the Local Court.

    After you file and ser​ve your statement of claim, what you do next depends on how the defendant responds to your claim:

    If you and the defendant settle your case, it means you are ending the dispute by agreement.
    If the defendant files a defence, the court will send you a notice for a pre-trial review. After the pre-trial review, your case will be listed for a hearing.
    if the defendant doesn’t pay you, or files a defence form, within 28 days of being served with the statement of claim. you may be able to apply for a default judgement. The default judgment can be enforced.

    This topic has information about starting a case for a debt less than $20,000. This claim is dealt with in the Local Court - Small Claims Division.

  • MS Paint on 17/09/2025 - 09:09
    +4

    Fun fact: you didn't win.

    • Capo93 on 17/09/2025 - 10:44
      +1

      In the end, no I didn't.

      Would a Ms Paint diagram help me win next time?

  • BrettSh on 17/09/2025 - 12:09

    I guess the NSW Sheriffs Office is as useless as their Victorian counterpart. Maybe debt collectors can help with skip tracing and negotiated repayments? I’d avoid doorstep visits and social DMs—low yield and risky.

    • Capo93 on 17/09/2025 - 20:21

      I've recently tried debt collection but they'll only call and email details I give them and the phone number and email is no longer in use so they're useless as well.

  • Iwantthebestprice on 18/09/2025 - 10:06

    Don’t we have bailiffs like they have in the UK where the can gain entry into the property and basically seize anything not screwed down to be sold at auction and the funds go to you?

    Just find out if we do and pay them. I know you might be out of pocket but for myself it would be worth every cent to put someone through that if they owed me money.

    • Capo93 on 18/09/2025 - 15:42

      Done that, they call it Uplift of property. The deemed nothing of value or he didn’t own said property

  • BrettSh on 18/09/2025 - 14:51

    In theory, if you have a current address you can pay the Sheriff to attend and seize property under a writ. However, my experience in Victoria suggests otherwise.

    Years ago, I had a tradie disappear with $6k. Three of his victims reported it to Lilydale police in the same week but the cops said it was a ‘civil’ issue. A lawyer later told me that the cops were just passing the buck. At the time, two of us obtained VCAT orders, and more recently, forth victim did too. However, none of us recovered a cent.

    I lodged with the Sheriff to seize his ute. A licensed investigator located him and photographed the vehicle and him in the house. The Sheriff attended, a woman at the address (possibly his missus) said he didn’t live there, and the file was closed. When I pushed, Sheriff told the ute was worth < $6k and below the limit to seize. I provided a RedBook estimate at ~ $12k, then Sheriff changes his story and said the douchebag didn’t own it. At the time I figured that the Sheriff's incompetence gave the douchebag time to flick the ute Two months later, a victim saw the same ute listed on Facebook (pic at the same house) by the tradie. Personal opinion, the Sheriff lied to me.

    Sorry for hijacking the thread but, the justice system in this country is deeply flawed.

    • Capo93 on 18/09/2025 - 15:43

      Massively flawed

  • Capo93 on 18/09/2025 - 21:32
    +2

    UPDATE: Every few weeks I do a social media crawl and stalk, he has multiple accounts and I have attempted to follow them all in the past. Every time I see them again I click "unfollow" and "follow". Last night I did it to one of his Instagram accounts and he followed me back and then called me via Instagram. Quick convo, like usual he promised to start a payment plan but the main thing is I now have a current up to date phone number.

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