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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44895
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I paid a deposit sum of $3950 for bmw full price of car $14000

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I paid a deposit sum of $3950 for bmw full price of car $14000 in the contract I verbally agreed with the seller he agreed it was subject to finance however this was not in the contract of sale a default judgment was made that the seller should refund my money he has now got a lawyer an offer was made of a $1000 as full and final payment and a counter claim of $3500 do I have a case
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

You are saying the court made an order that he refund your money?

Does he work? Do you know where he works?

During the oral examination did you see bank accounts?

Customer: replied 4 years ago.
Yes I did
He owes $140000 plus a mortgage $315000
Owns a ford falcon value $1500
No savings does work.

1000 in his account

He has a lawyer who is now acting for and has threatened to counterclaim.

The car in question was sold to me subject to money outstanding ant the time from my clients plus a loan from the bank for $10000

My [email protected] I have documents for you to see.

I had a lawyer however he cannot represent me as mr Taylor claims he did not receive service documents and a judgement was made in his absence my lawyer and I had tried few times to contact mr Taylor he ignored calls and court proceedings.

So my lawyer now become a witness.

Mr XXXXX XXXXX to date owes me $5200 plus actual deposit, interest, and costs etc.

Good Evening

If you have judgement they cannot counter claim unless they have the judgement set aside or sue you in a new action.

If they seek to set aside the judgement then the court will order they pay your costs for getting the judgement.

Why can't your lawyer represent you? The reason you have give is not valid for the solicitor not being able to continue acting.

A witness to what? trying to serve him? This again is not uncommon and the Solicitor can represent you.

Does Mr Taylor Work? Do you know where?
Customer: replied 4 years ago.
Because my lawyer has to prove he served mr Taylor with a summons to court so now he has to be my witness .and has advised me to seek another lawyer.

Yes mr Taylor works

Good Evening

In order for your solicitor to have obtained a judgement he has filed an affidavit of service with the court to prove service.

Have they filed an application to set the judgement aside?

Customer: replied 4 years ago.
Yes my law has done as you said
And no mr Taylor's lawyers have not applied for that as yet
Good Evening

I would suggest that you file for a garnishee order so that the money is collected from his wages.

Do not wait for them to do anything you should take the next step and get the order enforced.

Once the order is granted you serve it on his employer and his employer is then liable to deduct what the court says from his wages each pay cycle and pay it to you.

If they then seek to se aside the judgement then they also have to pay for the costs of this order.

They may only be threatening and have no intention of doing anything.

I would take the next step.

You should also have your soliitor recommend someone else that can take over and represent you if they do file to set the judgement aside.

I hope this is of assistance.

Customer: replied 4 years ago.
Thanks I will act on this ASAP thank u very much
You are very welcome and good luck.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon and other Australia Law Specialists are ready to help you