Case Study - A rare example in WA where the Bailiff had orders to seize property

An account was referred to our office with the debtor not making payment to the account in over three (3) years.

Despite leaving several voicemail messages for the debtor and having our agent attend the address we were not successful in negotiating a repayment plan. As the member refused to enter into a repayment arrangement a Means Inquiry (Oral Examination) was conducted. This confirmed that the member was the owner of the supplied address. The debtor at this stage offered repayments of $50.00 per month however the Registrar refused the application and suggested further enforcement proceedings be commenced.

At this point in time a Title Search was conducted which confirmed that the mortgage was stamped in over 20 years ago. It was determined by our own enquiries that there would be sufficient equity in the property to satisfy Creditors.

Instructions were issued to our Solicitors in Western Australia to proceed to a Property (Seizure and Sale) Order which if successful would allow the Bailiff to take possession and sell the property.

After lodging an interest with Landgate, similar to a Caveat, and supplying the Bailiff with a Certified Copy of Title the Mortgagee was contacted by the Bailiff to supply a payout figure to allow the sale process to continue. In the meantime the debtor made an application to APRA to  release superannuation however the application was declined.

Subsequent Orders were made in the Magistrates’ Court allowing the Bailiff to take possession of the property and arrange for the debtors personal belongings to be removed and the locks changed.

This was the first Order granted in the Magistrates’ Court in 25 years.

Whilst in attendance with the locksmith the Bailiff was approached by the mother of the debtor who had a bank cheque made payable to the Bailiff for the full outstanding balance of the Judgment. Whilst the cheque took 21 days to clear the account was finalised by end of month which was a great result for the client as the account was in 100% provision.

The costs of this course of action were approximately $4500 which was recovered and nine (9) months from the issue of the Means Inquiry to having the account finalised.