You’ve got mail – and MUST open it!

Welcome to the beginning of the series on Law Stories. These are my war stories, with lessons learned from the battlefield of the Courtroom. My own practice began with a client (let’s call him John) who spurned his former lover. No – this wasn’t a case about a divorce or custody dispute; this was about how John lost millions of dollars in blue chip real estate because he didn’t open his mail. Crazy? Yes! Possible – well, it’s more likely than you would imagine. John’s company received a Creditor’s Statutory Demand (Demand) at its registered office – where John lived with his former lover. The Demand was served by (let’s call them) Evil Debt Recovery for an alleged debt of about $100,000 owed

Garnish this !

The final entry in this enforcement series concerns the ‘garnishee’ order. A ‘garnishee order’, with various equivalent terms Australia-wide, is where the Court has ordered that John Smith (the bad guy) pay you money, but he doesn’t have any! Rather than continuing to wring your hands in frustration, you can – remarkably – get someone else (in legal-speak a ‘third party’) to pay the debt that John Smith owes you. But how? Simple … you just have to be able to obtain one of the following types of Court orders – That John Smith’s employer pays you the money; or That someone who owes John Smith money (a debtor) pay that money directly to you instead of John Smith. Whilst not without its detracto

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