Legal Question in Credit and Debt Law in Australia

customer will not pay for goods

i have issued 2 letters of demand for an outstanding account of over 1 year. i have phoned the customer continuously and been promised payment but is not forthcoming. i would now like a precedent summons to issue in the vic magistrates court and cannot locate same. please advise correct name for me to search under please


Asked on 2/12/07, 4:23 am

1 Answer from Attorneys
Holley Nethercote Holley Nethercote

Re: customer will not pay for goods

Hi there.

If you want to represent yourself, the appropriate summons can be found at www.magistratescourt.vic.gov.au, and then by clicking Money Claims and Other Disputes, and then clicking Civil Forms. The form is called a Form 4A civil complaint. However, it's easier and cheaper for you to take action against the debtor by commencing procedings through VCAT, which is designed for people who want to represent themselves. Visit www.vcat.vic.gov.au for more information. Call them, and they can walk you through the process. If you get an order in your favour, you can then "upgrade it" by taking it to the Magistrates' Court. Of course, I'm just providing you with basic information, and I would need more facts before I could give you legal advice.

Regards,

Paul Derham

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Answered on 2/12/07, 5:02 pm


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