Repossessions

Before a repossession can take place, the credit provider must issue a default notice giving the borrower at least 30 days to remedy the missed payments or default. If the borrower fails to take action within this period, the lender may proceed with repossession. This process ensures the borrower is given a fair opportunity to resolve the issue before any recovery action is taken, as required under the National Credit Code (NCC).

In a car or motorcycle repossession, the lender or financial institution has the legal right to reclaim the vehicle if the owner defaults on their scheduled payments. The lender will reach out to a repossession agent with court "repossession" paperwork, instructing the asset to be recovered. One or more of our skilled agents is tasked with locating and recovering the vehicle in accordance with all applicable laws. The vehicle is then usually towed to a depot or location determined by the court where it will be secured and remain.

If your asset is repossessed, the credit provider has 14 days to issue a Notice After Taking Possession of Mortgaged Goods. This notice details: The estimated value of the asset The outstanding loan amount Any repossession-related costs Your right to reinstate or pay off the loan before the asset is sold. Once the notice is sent, the asset cannot be sold for 21 days. This period allows you the opportunity to recover the asset by paying the overdue amount and any reasonable costs.

Yes. A repossession can negatively impact your credit report and credit score. Missed repayments leading up to the repossession, as well as any remaining debt after the asset is sold, may be recorded on your credit file. This can make it more difficult to obtain credit or loans in the future. It's always best to communicate with your lender early to explore repayment options and avoid repossession where possible.

Consumer protection laws, such as the National Credit Code (NCC) and Australian Consumer Law (ACL), require that all repossessions are conducted fairly and lawfully. Creditors must issue a default notice and give the debtor an opportunity to remedy the missed payments before repossession can occur. Repossession agents are the final solution once all avenues have been explored in order to recover the debt (these may include payment plans, hardship applications etc). Our agents operate ethically, avoiding any form of harassment, intimidation, coercion, or unfair conduct throughout the process.

If an individual resists the repossession, our agents are trained to make ongoing risk assessments and will adjust their approach depending on the person and demeanor they are facing. We always conduct a thorough investigation, risk assessment and plan prior to executing any repossession job. All repossessions are conducted in full compliance with Australian law and regulations.

In the process serving world standard fees are typically based on a server attending at an address up to 3 times to affect service of paperwork on a defendant, witness, respondent or accused etc. A process server generally will attend the same address and then charge you after the third attempt, whether or not service was successful or not. At Code Nine Process Serving we assess any unsuccessful attempt and conduct an operational briefing on where and how the next service will be attempted. We will communicate directly with you, and put a plan in place to ensure our next attempt is dynamic and places us with the best possible chance at a successful serve. This may involve the utilization of multiple field agents, surveillance, attendance at another address (workplace, relatives address etc), or attendance at a different time of day.

If you are applying for a sole divorce application then you will require a process server to serve a list a of documents on your spouse. We will guide you through this process from the start, ensuring that your application contains the correct documents. We will proof read the material and communicate with you throughout the service journey. We will then provide you with an Affidavit of Service and an Acknowledgement of Service (Divorce) which are both required for your application to successfully proceed. If you are unsure how to commence an application with the Federal Circuit and Family Court of Australia, we can also help you lodge your application, giving you peace of mind from the very beginning.

A process server is an individual responsible for personally delivering legal documents to a person or business involved in a court case. The recipient of these documents may be identified as the defendant, plaintiff, accused, respondent or a witness. The documents, in most cases, must be served personally and in some cases require confirmation by way of a signature. Once the documents are successfully delivered, the process server must provide a formal confirmation known as an affidavit of service. This affidavit is signed in the presence of an authorized witness, such as a Justice of the Peace or Lawyer. It's important to note that the rules governing process serving can vary between states, depending on the jurisdiction of the legal documents and the party being served.

Our standard fee is $139.00 (plus GST) for up to three (3) attempts and the inclusion of all required paperwork, including printing of all material (up to 30 pages). However our fees do vary based on things such as; location of the defendant, potential for investigation & surveillance, evasive defendants and urgent services. Don't worry, we aim to ensure our fees remain competitive and will always ensure we are up front before commencing any additional work.

Serving a defendant who is evading service or difficult to locate can be challenging. We employ unique strategies, practiced through over ten (10) years of operational policing, to ensure successful service of legal documents: Intelligence Gathering: Our team conducts thorough background checks using various databases to ascertain information about the defendant including addresses, contact information and places they may frequently attend. Risk Assessment: We evaluate potential challenges or risks associated with serving the defendant, ensuring the approach is both safe and effective. We may employ multiple field agents with operations being conducted at all times of the day and night. Surveillance Techniques: We may need to perform mobile or close quarters surveillance to observe the defendant's routines and identify optimal times and locations for service. Use of Technology: We utilize advanced tools and databases to track and locate individuals who are intentionally avoiding service. Legal Compliance: Our process servers ensure that all service attempts are conducted in strict accordance with Australian legal standards, maintaining the integrity of your case. By employing these methods, we enhance the likelihood of successfully serving defendants who are evasive or hard to locate, ensuring that legal proceedings can continue without unnecessary delays.

Occasionally, the recipient of legal documents may refuse to accept them. Once proper identification has been established using the appropriate steps, the individual can still be served by leaving the documents at their feet. As process servers, we are required to inform the individual that they are being served in this manner due to their refusal to accept the documents directly. If the person declines to confirm their identity, a recent photograph can be extremely helpful. In such cases, we can identify them using the photograph, leave the documents on the ground nearby, and clearly state that they have been served.

At the time of writing (29-12-2024) we boast a 100% success rate. This means that every file that we have received, we have managed to successfully affect personal service on the defendant, witness, accused person or respondent. Of course this is not guaranteed as each and every file we receive is unique and poses a range of considerations that may alter the success of a service attempt.