The mother's solicitor had repeatedly written to the father asking him to undergo a paternity test, but he moved regularly and there was no reply. Letters sent care of his parents and current girlfriend elicited no reply, and a process server had no success delivering the documents.
But the father was a regular Facebook user. When the Magistrate was told a private message could be left for the father on Facebook, the Magistrate ordered that the documents be served electronically. The father closed his Facebook profile and MySpace website after the documents were served.
http://www.smh.com.au/technology/technology-news/court-uses-facebook-to-serve-paternity-test-order-20100603-x7dc.html
It is believed to be only the second time in Australia that legal documents have been served via Facebook; a Canberra law firm used it in 2008 to serve notice of a judgement on two borrowers who defaulted on a loan.
Yes, civil cases are fraught with drama. He has often seen that there is difficulty in finding someone who wishes not to be found.
He has seen that this story is also a common one with default renters. Although these people have their names on a registered 'black list' for real estate agents to canvas, the serial defaulters know enough tricks of the trade to evade being found. They provide out-of-date addresses supported with phone bills and the like; get friends to provide false referee letters and manage to obtain other documents 'on the side' that support their credentials as a solid rental citizen.
One of the problems is that it is never a great deal of money owing, maybe less than $1000 after the bond money is gobbled up in rental arrears. The landlord may be up for repairs, cleaning, lock changing and any other matters that need attending to before a new renter is found. None of this takes into account the vacant period between tenants or any court costs.
Even if the default renter is found (as illustrated in the above news story where the Magistrate reverted to Facebook), the monies owed still may not be recovered.
What therefore might some of the options for recovering such debts?
One process that may only be a viable option as a measure of last resort, or if the amount owed is very large, is resorting to the courts. Observations are that courts are little help, and legal costs are always high. For example, the court may make an order in your favour, but to actually receive the money owing is another matter entirely! And even if finding the defaulter is successful, and even if as a long shot he/she pays the money, it may be some time well into the future. This is a disappointing option.
Another option is 'brute force and ignorance', and although this is not advocated, as it may result in the landlord ending up in court, as an accused rather than an accuser!! Nonetheless, as illustrated in a recent Sydney Morning Herald story, one group of unhappy investors, believed to be one of the notorious outlawed motorcycle gangs, did succeeded in recouping its finances from Sydney porn shop king, Con Ange.
A ''debt collector'' for the gang "persuaded" him to part with either paintings and cash, or both. In this case, a six-figure amount was owing so it was well worth the while of the "debt collector" to find the defaulter and make the situation 'clear to him'.
http://www.smh.com.au/nsw/raid-closes-porn-shop-20100605-xlrc.html
This, of course, is not only a modern solution. I recall the Benedictine Rule of the 12th Century, where it was written that should someone sin again, "two stouts monks will make the matter clear to him". This vigilante option is not recommended as it's result would inevitably become more disappointing for the land lord.
A more appropriate solution, and one which has some hope of working, is to hold real estate agents accountable for recovering all owed money by the tenant. When all is going well, real estate agents have many duties involved with looking after the owner's property, and they are paid fees to undertake those duties.
If an owner, who pays a tribunal fee, asks the agent to takes the tenant to the rental tribunal, then the real estate agent has the responsibility to follow it through. Owners are now refusing to pay outstanding expenses to the real estate agent until the tribunal's 'Orders' have been worked through to a satisfactory conclusion.
Instead of owners paying out any outstanding expenses, such as legal costs, when the court orders are in favour of the owner, rather, the real estate agent cover those expenses and recoups them through debt collectors recovering the monies owed.
Once an owner steps in and pays the outstanding money, it breaks the legal sequence from the Tribunal's Orders. Owners are encouraged to stand their ground on this, even though there will be all kinds of pressure from real estate agents. By the land lord standing their ground, the pressure is transferred by the real estate agent to the debt collection agencies.
It soon becomes 'common knowledge' which debt collection agencies, like the reputation of the Canadian Mounties, who "get their man". Even with all this, finding someone is not that easy!
Words such as honesty and integrity are often all at sea in the rental game, as with any other business involving contracts. It is important to make sure any 'verbal' agreements are written down and signed so that when things go badly amiss, something can be recovered from the situation.
Christians who are owners who get caught up in these situations will often find themselves at the mercy of the unscrupulous, and if so, Christians must be seen to be personally 'squeaky clean' and to then stand up for righteousness and follow through the processes for recovery of 'stolen funds'.