Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I’m in a civil despute with a collections company over my…

Customer Question
I’m in a civil...

I’m in a civil despute with a collections company over my car. Can they enter my property and steal it?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Vic

Lawyer's Assistant: What steps have you taken so far?

They are third party and I have all paper work regarding loan being paid of via BOE with St.George bank in 2016

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What real legal power do third party have ?

Submitted: 2 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 hours by:
5/26/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,529
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 2 months ago

In relation to your important question you have explained the following:

You have raised the question whether the collections agency may enter your property and repossess (remove) your vehicle.

Where a collections company appointed by the financier to repossess your vehicle enters onto private property, which is your land, this will enable you to raise a civil claim against that party for trespass to land.

Trespass to land involves direct and intentional or negligent interference with land in the exclusive possession of another without consent or other lawful authorisation. Similar to other trespass actions, trespass to land is actionable per se (there is no requirement for damage).

In order to sue, the plaintiff need not be the owner of the land but must have exclusive possession of the land at the time of the alleged trespass. Exclusive possession is possession of land with the right to exclude others, which in this case is you.

Trespass to land is actionable per se; therefore, where there is no actual damage to person or property, or any financial loss caused by the trespass, generally only nominal (minimal) damages are available.

Where the trespass caused actual damage to the land or structures on the land, compensatory damages are awarded. The aim of compensatory damages, as with all tortious actions, is to place the plaintiff in the same position he/she would have been had the tort not been committed.

If this does occur by the collection agency and there is a witness to the trespass, it will make the repossess of the vehicle unlawful.

You can ten raise proceedings in the Magistrates Court claiming damages against the collections agency for the trespass.

To commence an action in te Magistrates Court this will be done by filing a statement of claim and serving the same on the defendant who is the collections agency.

The following link will assist you with the forms required to commence an action.

You may run the claim yourself or engage a lawyer to assist you.

https://www.magistratescourt.vic.gov.au/forms

Would you like to consider this option..

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,529
3,529 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,529 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have completed financial emigration to Australia a few
I have completed financial emigration to Australia a few years ago. I still had a Standard Bank bond for a property. I was told that all my bank accounts in South Africa had to be closed in order to f… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,529 satisfied customers
As a signage contractor for real estate firms if an agent
as a signage contractor for real estate firms if an agent takes his business from me to a firm that he is a shareholder in and receives a dividend from this firm and charges the vendor for the service… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I need to obtain a land titles certificate as EPOA for my
Hi ,I need to obtain a land titles certificate as EPOA for my mother for her entitlement.Her sister and husband died and house is currently owned by deceased.I live in QLD unable to obtain it myself. … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I hired a vehicle from Avis via a third party in March 2016,
I hired a vehicle from Avis via a third party in March 2016, in September last year I was asked to provide proof of payment to rentalcars.com. I sent this proof of payment and received no contact unti… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,529 satisfied customers
My very elderly parents were conned by my brother to witness
My very elderly parents were conned by my brother to witness some bank documents, so he could secure a bank loan. The documents he was getting them to witness was him putting his name on there home ti… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Hi I am from Victoria and my stepdaughter has bought my car
Hi I am from Victoria and my stepdaughter has bought my car off me, the car is still in my name however, my stepdaughter has insurance cover for it since she drives the car and I don't and she told he… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
We have exchanged contracts in 2011 on a unit in NSW , however
We have exchanged contracts in 2011 on a unit in NSW , however have just been advised by our Bank, after applying for Finance , that the contract is illegal ( by the way we have been dealing with this… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
if a person has passed away and left no will nor power of attorney no
if a person has passed away and left no will nor power of attorney no assets should the persons defacto notify appropriate businesses eg banks telestra power etc. who is responsible for payment of ban… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I am renting a house . I drove into the garage of the house
I am renting a house . I drove into the garage of the house in a car on loan from car garage while mine was being repaired.I hit the wall of the house in the loan Car,and the wall had to be taken down… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My car was insured with Budget Direct (A & G Insurance
My car was insured with Budget Direct (A & G Insurance Services P/L) the policy was in my name Mrs Anderson. When I took out the policy I did not realize the insurance was for Third party Property Onl… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
i have just started a new job but my lincence has just expired
i have just started a new job but my lincence has just expired i went to renue my lincence but was told to that i have fines so im unabel to transfer and renue my vic licence to a west australXXXXX XX… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
In a loan agreement, if a condition of the loan is that the
In a loan agreement, if a condition of the loan is that the lender secures a 'consent caveat' over my property and fails to do so, said property subsequently repossessed by the bank, and I cannot repa… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Is there a conflict of interest if an appointed enduring power
Is there a conflict of interest if an appointed enduring power of attorney also has a full and unrestricted level of "third party - ability to operate" the donor's bank accounts from which they can wi… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
What is a section 173 under the Victorian planning law Who
What is a section 173 under the Victorian planning law? Who can apply? Can a group apply to have limits set on your property?… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
7 years ago I took out a personal loan with a finance company
7 years ago I took out a personal loan with a finance company and part of the contract agreement was that i had to put my car up as calateral which i did then about 3 years ago the finance company sol… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Can some-one, other than a company financing a motor vehicle,
Can some-one, other than a company financing a motor vehicle, register a caveat over that vehicle in Victoria.… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My friend in Queensland was given a car for her birthday in
My friend in Queensland was given a car for her birthday in 2005 with the deposit being her old vehicle. The car has been and is registered and insured in her name for subsequent years. The third part… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
1. I have the primary loan for my mortgage through my bank.
1. I have the primary loan for my mortgage through my bank. I also have a second mortgage on the property in my parents name, this covering the rest of the loan. If I am taken to court in a civil proc… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x