Civil debt and asset recovery

As with criminal action, civil action may be a last resort due to the costs, delays, stress, risk and damage to relationships that can accompany litigation.

If the transfer of assets was a loan not a gift, but the loan remains unpaid (and you have judgment regarding this – see Lawyers Practice Manual Ch 3.1 ‘Acting for a Creditor in the Magistrates’ Court’ for a guide to process), recovery options may include:

  • attachment of earnings
  • instalment orders
  • attachment of debt (against bank account)
  • warrant of seizure or sale
  • warrant to sell a house
  • sequestration order.

Negotiation might be more advisable.

Mediation is also an option and the free services of the Dispute Settlement Centre of Victoria may assist.