Why do we love them so much?

Because Garnishee Orders are the most effective way to recover outstanding levies.

So, what is a Garnishee Order?

• A Garnishee Order is an order from the Court ordering someone else to pay us money on behalf of the debtor
• They are issued against someone who we know is holding money for the debtor or owes money to the debtor. We can garnishee:
• A bank account if we know the details of their bank account
• Their wages if we know where they work
• Rent from their investment unit (not necessarily the unit in levy arrears)

When can we issue a Garnishee Order?

• Garnishee Orders can ONLY be issued after we have obtained Judgment – they are one of the ways we can enforce a Judgment and are the BEST option available

How can you help?

To help us recover your outstanding levies faster, when you give us instructions to collect overdue levies, if known, always provide the following details about the debtor:

• Their bank account details
• Their employment details
• Details of any of their investment properties

So next time you brief JS Mueller & Co on a levy recovery matter don’t forget to provide us with those extra little details.

Click here for the full details of the new Levy Collection New Laws

For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

At JS Mueller & Co we know how to poke the bear!

How, you ask?

Well, we know how to approach or should we say, poke, a lot owner who does not pay their levies on time.

Knowing the right approach can often reap the rewards. That’s where JS Mueller & Co’s 40 years experience comes in handy.

There are many types of bears but in general, we can narrow them down to three types. Check them out here:  Levy Debt Collections

Need a levy collection debt recovery or strata law advice contact JS Mueller & Co today on 02 9562 1266 or click here now.

PS: No bears were harmed in the making of this :).

Did you know that the information an owners corporation has about their owners can actually make it much simpler for us to act more effectively in recovering strata levies?

To assist you with the details that can help us, the team at JS Mueller & Co has developed a handy list of items for consideration when briefing your next strata levy debt recovery instruction:

1. If you know that the unit is tenanted but the address for service of notices is at the unit, let us know, particularly if you’re aware of whom the real estate agent is.
2. When advising your levy recovery person to enter Judgment and take the next step, the following information can greatly assist:

•  Details of where the lot owner works so JS Mueller & Co can organise to garnishee their wages – much cheaper and more effective than a Sheriff.
• Details of their motor vehicle type and registration number and a time they’re normally home – this will make it easier for the Sheriff to seize goods.

Historically when matters have been difficult to serve, the information an owners corporation has access to, can assist us greatly in a successful and quicker levy debt recovery.

Here are some examples of how information has assisted JS Mueller & Co in faster recovery of strata levies… who would have thought!

 Hockey Training

We’ve successfully served a guy with a Statement of Claim (SOC) at hockey training.  All because the owners corporation advised us that he rode his bike once a week to hockey training.

Pony Club

JS Mueller & Co was able to serve another woman at Pony Club when we were advised by an owner/occupier that she stored her Pony Club stuff in the garage.

So, you can see little pieces of information an owners corporation knows about a lot owner can provide us the little piece of magic we need to get a successful result.

Keep the list above in a handy place for when you next provide a levy debt recovery instruction.

Our levy collection service is available across regional and metropolitan NSW so let us know if you need any assistance with levy recoveries, we’d be happy to assist.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Did you know that JS Mueller & Co can save you loads of time and money and recover your strata levy arrears faster?

How, you ask?

We have been recovering strata levies for over 30 years so we know all the tricks!

We have paralegals who do nothing but levy debt collection. They often spend an enormous amount of their day researching a bad debtor to find information to allow you to recover overdue levies faster.

To find these details we’ll spend time searching for any media articles, reviewing social media sites and generally hunting around the internet for any clues as to their place of work and living arrangements and, any other information which will help us locate the debtor.

This often turns up information about a debtor’s employment or tenant. We then use that information to contact the debtor, issue garnishee orders or just to get your levies paid quicker!

So, how can JS Mueller & Co save you time and money in the levy collection debt recovery process?

It’s simple. Often you’ll already know this information and if, at the time of instruction these details are provided to us that will save time and money, resulting in much faster levy collection debt recoveries.

Here’s a quick list of the helpful information about a debtor you can provide us, that’s if you know them, when providing your next levy collection instruction to us.

• Employment Details
• Tenant Details
• Real Estate Agency
• Real Estate Property Manager Details
• Media Stories

Click here for the full details of the new Levy Collection New Laws.

For strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Thank you Strata for your support in 2016, we loved sharing our knowledge on all things Strata Law.

As a wrap up here are some useful links from 2016…

• We shared our knowledge at Forums throughout the year
• We tweeted, 107 times sharing the latest in strata law
• We developed Strata By-law Templates for the new strata laws making it easier for you
• We posted, 30 times on LinkedIn with the latest updates
• We improved our Levy Collection App, thanks to your feedback
• We shared our knowledge through 54 newsletters
• We expanded our team to better service the strata industry

We’re taking a break from 23 December 2016 and returning on 9 January 2017.

We wish you and your families a safe and happy ‘Festive Season’ and look forward to working with you in 2017.

For more information check out muellers.com.au or send an email to enquiries@muellers.com.au and we’ll get back to you on our return.

With the introduction of the new strata laws, you’ll need to be aware of the key changes to the levy collection procedure.

To familiarise yourself with the top 10 changes click here –  Levy Collection Changes Under the New Strata Laws

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

October 2016 the JS Mueller & Co team presented to the strata industry on the new strata laws ‘Are you Prepared for the New Strata Laws?’ This is in preparation for the new Strata Schemes Management Bill 2015 and the Strata Schemes Development Bill 2015 due to commence 30 November 2016.

The JS Mueller and Co team presented:

• James Moir: Works By-laws – How will they operate under the new laws?
• Adrian Mueller: Meetings – What are the changes under the new laws?
• Faiyaaz Shafiq: Levy Collection – Procedural changes under the new laws?
• Anna Minassian: Building Defects – What impact will the new laws have?
• Trish Smith: LevyCollect – How can it benefit you?

Please click below to view presentations and papers:

JS Mueller & Co New Strata Laws Forum Presentations_Oct16
JS Mueller & Co Forum Papers_Oct16

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Current Position

Under the current law there are no legal rights for lot owners to request an instalment payment plan from an owners corporation should they fall behind in their levy payments – although an instalment plan is sometimes agreed to by an owners corporation in an appropriate case.

New Position

As of 1 December 2016 the new laws will give a lot owner the right to request an owners corporation to agree to a payment plan for any levies in arrears. Before the owners corporation can accept a payment plan they will need to have such a request properly approved at a general meeting.

The lot owner will have to do the following:

1. Make a request to the owners corporation to hold an EGM at which the owners corporation will consider the request of the lot owner to enter into a payment plan.
2. The lot owner may be required to pay the costs of holding the EGM at which the owner wants the payment plan to be approved.
3. The owners corporation will then consider the payment plan at the EGM.
4. Alternatively, an owners corporation can approve a plan at an AGM.

Important

It’s important to note that by holding an EGM it is not guaranteed that the request for the payment plan will be approved as the entry into a payment plan is a discretionary matter for the owners corporation and it is not a mandatory requirement that such a plan will have to be accepted.

Conversely, an owners corporation in a deserving and genuine case may decide to accept a request for a payment plan provided the owners corporation is of the view that the plan is more likely to be adhered to.

An owners corporation will have to be aware that if a request for a payment plan is unreasonably refused the lot owner may decide to take legal action against a refusal and seek orders from a Court of Law or Tribunal forcing the owners corporation to enter into a payment plan.

Click here for the full details of the new Levy Collection laws – Levy Collection New Laws

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Trial Our FREE Time Saving LevyCollect App…

Our levy collection service is second to none with our integrated  ‘LevyCollect’ app. Simple, free and easy to use – accessible through your device, on the go. Benefits include:

• Reduces your workload – gives you time back
• 24/7/365 access from your desktop, laptop, smartphone or tablet – anytime, anywhere
• Gives you greater access to your Levy Collection matters
• You choose when to access your matters
• All of your matter communication conveniently located in one place
• Regular reporting – you choose when and how often you receive reports
• Simple, easy to use app for your phone or tablet and portal login for your desk/laptop

To trial our FREE LevyCollect online portal and app service contact jsmmarketing@muellers.com.au

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.

Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply with smoke drift, such as that from tobacco and barbecues, under the by-law changes.

Fines

If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offense within 12 months, double it again – $2,200.

The owners corporation will be able to take action against offenders rather than leaving this to individual owners.

By-laws

The proposed model by-law provides 3 options:

1. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.

2. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.

3. Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.

It’s also important to note that there are currently no options in regards to the complete ban on smoking in schemes.

Also, any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.

For more information visit NSW Government Fair Trading.

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are here to assist you every step of the way.

Nikki Jovicic, LookUpStrata interviews Adrian for the ‘Strata Snapshot Series’.

In this interview, Adrian addresses the NSW Strata Reforms and the new strata laws, looking at how the top five ways the new laws and the changes to body corporate fines will affect you.

For more information visit New Strata Laws and How Fines will Affect Body Corporates

About JS Mueller & Co

JS Mueller & Co has been servicing the strata industry across NSW for almost 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection. We are there to assist you every step of the way.

JS Mueller & Co Headquarters
Level 1, 240 Princes Highway
Arncliffe Sydney Australia 2205
www.muellers.com.au

Media inquiries: Contact Julie Schoneveld on 02 9562 1266 or 0435 939 491

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.