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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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In Minute of Consent Orders my ex son inlaw was ordered to

Resolved Question:

In Minute of Consent Orders my ex son inlaw was ordered to pay us (myself and Husband) $5000 within 14days of the order. He has only payed us $1250. We have given him a lot longer and several reminder letters (polite ones) with no response. Where to from here?

Regards Merrilyn
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Were the consent orders final orders (i.e. orders which finalised the case) or is the case ongoing?
Customer: replied 1 year ago.


Final Orders

Expert:  replied 1 year ago.
Hello again and sorry for the delay in my response.

If you have final orders obliging him to pay you by a certain date and that date passes, then you can either take various enforcement action by applying to the court for garnishee orders or similar, whereby the court may provide orders allowing you to seize his bank accounts, or order that his employer pay you money directly out of his wages, or the seizure and sale of his assets to the extent required to satisfy the debt. Generally the court will also increase the debt to reflect the cost of the further legal action you have had to take to enforce the courts prior orders.

Unfortunately, you will need to make a further application to the court to take such action and I would recommend you engage a lawyer to prepare the appropriate applications.

Before doing so I can only suggest that you write a firm letter to your ex son in law, reminding him of his obligations and that you will shortly take enforcement action, to recover the outstanding money, and that the costs of doing so will almost certainly be added to his debt.

Hopefully, he will then pay up rather than face the increased cost, and potential humiliation of such action (it can be extremely embarrassing for a person to have to explain to his employer why the employer is being served with court orders that they direct his pay to a third party).

I trust the above assists.

Please rate my answer so I can be paid for my answer.

Thanks and good luck,

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4564
Experience: Dip Law LPAB - Sydney based lawyer
Patrick H. and 2 other Australia Law Specialists are ready to help you
Expert:  Patrick H. replied 1 year ago.
I note that you have read but not rated my answer.

I have tried to assist you and it appears I have answered your question comprehensively. It is only fair that you now rate my answer so that I can be paid, by Just Answer, for my time and effort. I am only paid if you rate my answer positively.

Please note it is the website operator that pays me out of the funds you previously paid. It costs you nothing extra to rate my answer.

Thanks in advance,

Patrick.

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