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Gold Coast Community Legal Centre solicitor assists subcontractor in debt recovery matter.

Fred* went to the Gold Coast Community Legal Centre offices looking for advice regarding a debt of over $5,000.00 owing to him. Like many subcontractors, Fred thought he could trust his ‘employer’. In this instance, the money was owed to Fred for work he did under a written agreement.

One of the Centre’s civil-law solicitors met with Fred. Fred explained that he had already lodged an Application for a Minor Civil Dispute – minor debt – and that the matter had been decided in his favour, but his employer had not seen fit to pay even after Fred had sent a letter of demand.

The Centre’s solicitor assisted Fred with the application to register and serve the QCAT direction as a Money Order and to file an Application and Summons for an enforcement hearing, 

Two weeks later Fred received a letter from a private solicitor saying the employer is requesting a stay of the judgment and is appealing the original decision. The Centre assisted Fred with responding to the private solicitor’s application and Fred was able to get the stay application and the appeal dismissed.

Gold Coast Community Legal Centre also assisted Fred in dismissing the private solicitor’s submissions for Fred to pay the employer conduct money to attend the enforcement hearing.

The morning of the enforcement hearing the employer did not attend but did pay Fred the entire debt but not the interest owing. Fred says he now intends to get another enforcement hearing to seek a judgement on the interest. Fred says he now has the confidence to do this on his own.

*Not his real name.

 

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