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  • Profile photo of andkozandkoz
    Participant
    @andkoz
    Join Date: 2006
    Post Count: 10

    [king]

    I am wondering how to find a tenant who has left without giving a new address?

    I have an order from a Small Claims Tribunal (Brisbane) for the tenant to pay to me the outstanding rent. The next step in the court to recover the debt would be an Oral Examination by the Small Claims Tribunal to determine how the court order can be enforced. Unfortunately, the court requires that I provide the tenant’s current address; otherwise the process will stop at this point. I have contacted police in order for them to find the address. The police responded that it would be quite easy for them to find the tenant’s address but they are not allowed to do this because of the privacy law.

    I have contacted a private investigator. He stated that he can find the address but this would not be cheap. Given the price ($500) and the fact that the tenant can change address again it may be not a practical option.

    I would appreciate if somwone has a solution or suggestion how to deal with this issue.

    Regards,

    Andrew
    [king]

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have the exact same problem, and having done anything about it because of the hassle involved. Court order for $1600 in my case.

    You need to do all the checks you can think of, including:
    – ring references listed on their application for tenancy
    – ring last known employer, relatives
    – whitepages
    – electoral roll
    – internet search

    Sometimes physically turning up at their work/relatives homes can lead somewhere – as they often lie about them not being there anymore.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of debtman1debtman1
    Member
    @debtman1
    Join Date: 2006
    Post Count: 3

    Hi all,
    Orders from Small Claims, Courts or Vcat can be a pain to collect. About 20% of our business is collecting them, so I should know. The best bet is to hand the matter over to a Collection Agency that has the resources to chase up these people. Investigators are a lot more expensive.
    Like all things in life, there are Collection Agencies and Collection Agencies.
    If you have dealt with one in the past and found them OK, use them. If not you may have to shop around. Some will offer NO Win No Fee, but remember you get what you pay for. The best bet is to find an Agency you feel comfortable with.
    There are a few data bases that only Licensed Agents can access and they are sometimes 3 months or so out of date. The process is often time consuming and frustrating, but stick with it.
    As for DYI, you need to have a good knowledge of the Trade Practices Act and the ACCC Guide Lines before you start.
    If you like to e-mail me with the Judgement Debtors details I will run a quick check for you. I could also give a couple of options of Agencies in your State.

    Graham
    http://www.debtcollectionletters.com.au
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    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Graham

    Which state do you operate in?

    Terryw
    Discover Home Loans
    Parramatta
    [email protected]
    Sign up to my mailing list.
    Just send me a blank email, with “subscribe” in subject line.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of debtman1debtman1
    Member
    @debtman1
    Join Date: 2006
    Post Count: 3

    Hi Terry,
    We operate in all States for Debt Collection, Locations and Field Calls. Our Collection Letter Packs and Form Design service are available for Australia, NZ, US and UK.

    Cheers
    Graham.
    http://www.debtcollectionletters.com.au
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    Profile photo of emptypocketsemptypockets
    Member
    @emptypockets
    Join Date: 2006
    Post Count: 35
    Profile photo of andkozandkoz
    Participant
    @andkoz
    Join Date: 2006
    Post Count: 10

    [king]

    Thank you all for your suggestions. The GREYPAGES data base is great but the tenant is not there.

    I have checked with the Residential Tenancies Authority (QLD) whether they have his forwarding address. They can provide the address if requested by the Small Claims Tribunal. Unfortunately, no luck here. I have been tald by SMC to go to the Transport Department with the court order and they may agree to provide the address – have not tried that yet.

    I have checked Electoral Roll – no luck.

    I am quite sure he would have medicare records but how can you get information from the Medicare?

    I suppose there must be possibility where you can get a proper authorisation to get these records?

    Profile photo of debtman1debtman1
    Member
    @debtman1
    Join Date: 2006
    Post Count: 3

    Hi all,
    The grey pages have been around for awhile, some company in India I’m told, but the info is 2 or 3 years out of date. Any data that is held by Telstra is (C) and Telstra will sue anyone if they try to pirate their data. It is almost impossible to get info from Motor Registration Branches and not possible from Medicare at all. The Electoral roll will always be an Election out of date. When do you think of up dating your entry? If you need to find anybody you need to have good information to start with. I guess that means getting the info at the start of the transaction and keeping it up to date. If the you need to find someone, it takes a professional to do so. And that will cost.

    Cheers

    Graham
    http://www.debtcollectionletters.com.au
    [email protected]
    to subscribe to our newsletter, click this link
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    Profile photo of andkozandkoz
    Participant
    @andkoz
    Join Date: 2006
    Post Count: 10

    Hi,

    I have used successfuly the GreyPages to trace one of the defaulting tenants. I have found the tenant only days after she has moved out. The other defauiling tenant can not be found anywhere. He probably lives with his family.

    This has been a lesson for me. Now, I have included on the rent application form a statement that the applicant gives to me a permission to search the car and licence registration databases for his records.

    The fist tenant is currently examined in the Small Calims Tribunal for her ability to repay the debt. I shoud receive soon the court report regarding her income and assets. Basically there will be 3 option:
    – to have a court order for her employer to deduct the debt from her salaries

    – to have a court order to take money from her bank account

    – to have a court order to sell her assets.

    This is a long process. I am on a learning curve. Hope this will work.

    [hmm]

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