Previous house-owner owes money -- received a letter from NSW Sheriff about unpaid worker's comp, wat do?

So just today in my mailbox I received a very scary looking letter about some unpaid worker's comp

http://i.imgur.com/cOEyf3r.jpg

I thought WTH? Pretty sure I don't own a business or have employed anybody.

In any case I believe this to be the doing of the previous tenant or owner of the house. I bought this house around 8 months ago and have been receiving a crapton of junk mail for the previous owner, and most of the time I simply pen down 'RTS' (return to sender) on the envelope and put it straight into the red mailbox. This usually works for a lot of mailling lists since I no longer receive ads and promotions from the Star casino or from the bank anymore…

But apparently the lawyers didn't quite get the mesage that the previous tenant didn't live there anymore…

Asides from calling them tomorrow and telling them I no longer live there, what sort of other legal obligations do I have to fulfill?

Comments

  • +12

    Don't open other peoples mail?

    I can't see how this is your problem at all.

    • +20

      It appears to be addressed to the homeowner, so scrim was right to open it.

  • +1

    I take it that it was too late to call this evening.
    Start with a phone call, explaining the circumstances.
    The risk looks like the judgement was made against the property. I don't understand this, and it strikes me as something done because they couldn't serve a writ on the previous resident.
    Hopefully, that means you are in the clear, but I have a sinking feeling the response might be "Well, you need to pay as the owner of the property. You can take civil action against the past resident." If it is that second response, I would set up and appointment with a lawyer to get their view on what has happened.

    • +1

      The letter was addressed to a certain ______ PTY LTD. Basically, the privately owned business.

      so I guess debt collection agencies / solicitors must have been trying to reach the owner of the company by mailling his last known address and attempting to reach the now non-existant company and without any luck now escalated into this.

      What I'm afraid is that they will try and incessantly try to get me to pay even though I have nothing to do with it. Hoping I don't

      • +13

        They won't ask you to pay, don't worry. Your only concern at this stage is opening other people's mail! You should have just sent it back RTS but I guess you know that now. Is th any chance you can salvage the envelope, put the letter back and pretend you didn't open it and just return it to them? Write "company unknown at this address, please update your records" on it and take it from there.

        • +1

          I've just re-sealed the envelope now, and thrown it back into the red mailbox.

        • @scrimshaw: If you didn't strike out your address then auspost will only deliver it back to you.

        • @inherentchoice:

          The address is on the inside of the envelope. It's one of those with the clear window.

        • +4

          Just put on the outside "Opened in Error" then seal and send back with RTS as well

          Its easy to do when its with a number of your letters,,,,

        • +2

          @scrimshaw: You're meant to strike it out by putting horizontal lines on the plastic window. Pen can write on that plastic.

          Or just write RTS like what RockyRaccoon says.

        • +4

          It's not against the law in Australia to open other people's mail:

          "If you accidentally open someone else’s mail, this is not an offence. It is an offence to keep someone else’s mail or to obtain it dishonestly, but if it is wrongly delivered to your mailbox and you open it by accident, you should not face criminal charges."

          (http://www.sydneycriminallawyers.com.au/blog/what-are-the-pe…)

        • -1

          @ordinaryboy:

          op didn't open the letter by accident.

          The address is on the inside of the envelope. It's one of those with the clear window.

          The letter was addressed to a certain ______ PTY LTD. Basically, the privately owned business.

          Curiosity got the better of me this time and I had to open it because the front of the letter had Attorney General & Justice as the sender,

        • +2

          @whooah1979: Yes ASiO ASIC, the Fed Police, AustPost are going to put a squad of under employed anti Terrorist agents onto the case, then redeploy extra agents from the Clive Palmer investigation, to forensically test Scrimshaws motives should they dare to deny it wasn't in error….. :)

        • +7

          @RockyRaccoon:

          crap, it's the fuzz, sorry guys gotta close my Ozbargain account, buy a burner $9 Telstra phone and scoot overseas.

        • -1

          @scrimshaw: LOL, OzB is your bug-out bag! ;)

        • +3

          @scrimshaw: Let us know if you find any cheap Eneloops

        • @RockyRaccoon:

          make sure you write "mea culpa" and sign and date it, on the letter and envelope's outside.

        • -2

          @ordinaryboy: It is an offence to open other people's mail.
          It is a defence to prove that you did it accidentally.
          There is a big difference.

        • +1

          @Ninjastud: Nope. Check the legislation. The offense is 'intercepting mail with the intention to permanently deprive the noted recipient of said mail'.

          Again, the actual act of opening the mail is NOT an offense.

      • +2

        If the people owed money are keen then they will have the Sheriff knock on your door. Then just tell them you own the house and have done for X years. It costs money to have the sheriff enforce this stuff and for the amount shown they will more than likely give up before you see them.

        • +1

          its cost me about $150 to have a sheriff enforce an order but that gets added to the order so i had it enforced. i don't know why you think they will give up. I wouldn't ignore it. ring the sheriffs office and let them know that its not their address because they can gain access to your property when you are not there and seize items.

        • @kima: Er no they cannot and if they did then ol' scrimmy here could sue them.

      • +1

        Have a search of the business listed, and see if it is still addressed to you.
        Which I high doubt you'll find, as that letter seems really dodgy.
        http://abr.business.gov.au/

  • +3

    If you get sued and don't show up for court or fight it the court issues a default judgment against you. The next step is an order for the sheriff to enforce the default judgement and then you get a letter like this saying pay up or we will come around and take your stuff.

    The default judgment is against a previous owner so there is no issue for the OP but I wouldn't ring the sheriff and tell them that you opened mail addressed to someone else.

    Even if you are the debtor they can't take your house and anything that is jointly owned ie by your partner or housemate they can't take either.

    • +3

      They can only sue a person with a name, or a business.
      They can't just sue an address and whoever lives there.

      Since that letter doesn't state a name, there's nothing to worry about (unless you know it is meant for you).

  • Ring them tomorrow and ask for clarification. It's very poor form to not address it to an individual, and it's not possible to just charge the next home owner and have them take action against the correct person. As long as the court case and writ was not involving you in the first place, you are definitely in the clear. The poster above who has a sinking feeling is wrong, and you will not be liable just because you are the next inhabitant of the house.

    Ask them who the writ is for, advise them you don't know the person nor where they are, and insist that they update their records. Its a common situatin for the sheriffs department, so don't be too concerned. They know people do runners from properties, and you no doubt have evidence of when you moved into the house.

  • +4

    A writ of levy for property is not against the house/apartment. Rather it allows the Sheriff to obtain property from the debtor for sale, to fully satisfy the debt.
    This cannot include items which are not owned by the debtor, or the physical property itself.
    If the debt is actually for a company that previously resided in the property, then the debt will also go with them - obviously this is the last known address, hence you've received it.
    Easiest is to contact them, advise that you inadvertently opened this mail, and are calling to advise those person(s) no longer reside there. That should be sufficent in this case, but dont be surprised if you get a lot of questions, and receive a few more of these in the coming weeks.

    • Sounds good to me. Is it against civil law to open other people's mail, even you live at his old address? Curiosity got the better of me this time and I had to open it because the front of the letter had Attorney General & Justice as the sender, and I had thought it was pretty damn serious to have received a letter from a justice department.

      • +3

        Curiosity got the better of me this time and I had to open it because the front of the letter had Attorney General & Justice as the sender, and I had thought it was pretty damn serious to have received a letter from a justice department.

        any mail that doesn't address us by our legal name should be left alone. on top of the letterbox is a good place.
        http://www.sydneycriminallawyers.com.au/blog/what-are-the-pe…

        • +2

          I think the difference here is that OP was the owner of the property/address on the envelope, he wasn't digging about in a red post box or other places that weren't his. I had an issue with mail theft some years ago and was told by my local police that the mail in my letter box is my property, not Australia Post's, and its value is that of the paper and envelope, so like 20c. So theft from my letterbox of a letter is treated by police as a theft of 20c, from me. Mail theft from Australia Post is where more serious charges come in.

          So even if someone wanted to make a civil matter of it, they'd be accusing the OP of stealing a 20c item, which was delivered to their address, and I think that'd just get the court staff laughing.

      • Is it against civil law to open other people's mail

        Well I think this is the relevant law:

        "471.8 Dishonestly obtaining delivery of articles

        A person is guilty of an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.

        Penalty: Imprisonment for 5 years."

        Source: http://www.austlii.edu.au/au/legis/cth/consol_act/cca1995115…

        • Commonwealth Criminal Code rather than state specific one. That'd require the AFP to deal with it rather than your state police. I think section 471.1 would apply more to this scenario:

          Intention of permanently depriving a person of a mail-receptacle, article or postal message
          (3) For the purposes of this section, if:
          (a) a person appropriates a mail-receptacle, article or postal message without meaning another permanently to lose the thing itself; and
          (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
          the person has the intention of permanently depriving the other of it.

          And I'm guessing if OP opens the letter and tries to correct the incorrect addressing of it, that wouldn't qualify as "permanently depriving the other of it". It'd be up to the AFP to be interested and to make a case though. I'm also assuming that the company-name recipient would qualify as a "person" under this act.

      • I hope it is not an offence to open other people's mail, if it is sent to one's mailbox. It is easy to do. In my case, always not realising until it was done.

        To save time, the first thing I do with the pile of collected mail is turn it upside down, and open all at once with a letter opener. Only after that, will I take out the contents. That would be when I realise if a letter was wrongly sent to my address.

        If it is an offence, how does one prove that a mail is opened by mistake? Sure, I could have checked mailing addresses first before using the letter opener. But this increases the processing time. And since 99.9% of the time, they are my mail.

        Fortunately, these are rare occurrences. I have had to apologise on the cover, tape them back before sending them on their way.

        • You get a pile of mail? :o

        • @inherentchoice: Getting less nowadays, since I actively opt in to email delivery whenever possible, but yes, used to be a lot … :-)

      • +1

        Google your address and check if the business is listed at your address.

    • +1

      Good advice from elvino here!

      As someone who used to work for the WA Sheriff's office I can confirm that they can only mark property for seizure that belongs to the debtor.
      I'm unsure on NSW but in WA it is also procedure to verify that the debtor or their property resides at the premise before sending information like this.
      Normally there would have been an earlier claim that was determined against the debtor, the claim was then not paid, and now it has proceeded to property seizure.

      Advising the Sheriff's office that the debtor no longer resides there should clear up the whole matter, you can also advise them to check property records to confirm that the house ownership changed 8 months ago.

  • Put a line through the address write not at this address return to sender and put it back in the snail-mail box. Don't understand why you opened it in the first place.

    Sometimes I know you just open letters one by one not checking if they are addressed to you. So you've done the correct thing by resealing and returning to sender.

    It seems strange to me that it starts with "Dear Sir /Madam" Not Dear Mr/Ms/Miss/Miss __________

    Who was it addressed to?

    Edit: Just saw it was addressed to a business not to a person.

    As above if you get anymore write return to sender and put it back in the box.

    If you get another one in say 2 weeks email them and advise them no one lives here from that business I bought the house on <date>

    If they knock at your door maybe have something on hand that proves you are in fact the owner. A utility bill and ID should be fine.

    • If they knock at your door maybe have something on hand that proves you are in fact the owner. A utility bill and ID should be fine.

      do the sheriff check with the lpi before rocking up?

      • You would think they would but they don't. It's just an escalating process where they start with letters and end up with seizing property.

        It depends on how far the creditors want to go.

  • +10

    The letter looks scary but I really doubt that it is official. If there was a court judgement then there should have been parties to the case and you should be able to get a copy of the judgement.

    I honestly suspect this letter is a scam. It doesn't cite any legislation and just has a confusing case number.

    "Local court at Sydney"… I'm not familiar with the justice system in NSW, but seriously, is that even a real court? Doesn't sound like an official tribunal or court at all.

    This looks suspicious all over. It's signed sheriff's officer but you can't even see or read a name.

    The phone number is different to the phone number for the Burwood Sherrif's office.

    https://www.service.nsw.gov.au/nswgovdirectory/burwood-sheri…

    Call their office on the real number 9744 4099 and check with them.

    Happy to be corrected if I'm wrong.

    Edit: Okay just read OP's comments above that apparently the notice is addressed to a company. My bad I guess this is official, it's just not for OP.

    • +5

      I agree, the layout looks dodgy. I would expect an official letter like this to be typed correctly, especially as it also involves a legal process. There are a few suspicious punctuation and capitalization errors, the lack of an addressee (proving identity is critical in most legal proceedings) etc. The addressee's address is normally included on the letter too, as well as a printed letterhead with a badge, logo, crest or coat of arms or similar, as well as a return address. There's not even a return address to send a payment, even though they say it must be made payable to the Office of the Sheriff and returned with this notice! This is all too vague. It looks like a scam to get an unsuspecting person scared and to put cash in an envelope, when a person purporting to be from the Sheriff's Office knocks on the door to collect. Perhaps ask your neighbours if they received anything similar? I'd be enquiring with the Sheriff's Office, but NOT on the number provided. Find the real general enquiries number in the phone book and use that. They would be aware of a scam if it is such. They may need it referred to the police. It looks like they want a scared and willing respondent to contact them so they can gauge how much of a sucker they are; if it is safe to do so, they will make arrangements to come to your house and collect, with no offer to mail it in or attend at their office etc. I doubt crooks would just turn up unannounced without feeling out the occupants, it might be the home of a policeman/Sheriff/lawyer etc that knows better, or bikies that wouldn't take that shit. I'd personally not ignore it if you have been targeted by crooks, and you may have to cooperate with police and participate in a sting operation to catch the perpetrator/s if necessary. I wouldn't feel particularly comfortable knowing someone is going to turn up at the door demanding money and threatening to help themselves to my stuff at any time they please. Sorry to frighten you or sound all doom and gloom about it.

      • +1

        I changed my mind now though and I actually think it was written and sent by a dodgy third-party debt collector who has been contracted by the Sherriff's office, but I think it is official and the contact number is genuine because it's only one digit different to the published number.

        • +5

          Scammers sometimes put real links to a company or real phone numbers in their text to give it the appearance of authenticity. If you are the prudent type you call the company and learn if it is legitimate or not. Others may not bother or ignore it. The first they know about it is when they are contacted by the scammers — they remember they once received a letter they ignored and they are under pressure on the spot and not thinking clearly. They may be forced to make an unfortunate decision in this circumstance. Scammers work on the assumption 99% of people are smart enough to see through the scam, but if they are successful with just 1%, it is still lucrative for them.

          Just because the phone number is one digit off does not mean it is part of the Sheriffs system. It may be the reason why a scammer chooses to assume the Sheriffs identity. If it is a real number, I doubt it would be a third party collection agency using the Sheriffs resources.

          This is what a real document would look like: http://www.sdro.nsw.gov.au/lib/images/fines/ea_sl.png, not the vague, poorly formatted excuse that you uploaded. There are just too many basic mistakes that genuine letters of this type would not have — using the full width of the page and thin margins close to the edge of the paper, the left justification margin doesn't line up and increases in spacing to the left in the latter paragraphs, suggesting tampering with form letter layouts etc.

        • @endotherm: Wow that's awesome that you found a real example.

          Sometimes public servants don't use the correct letter templates but they would still use the same font. Government agencies do have style guides.

          If it is a scam then the scammer is probably counting on victims to not send a cheque. Who even has a cheque book these days haha.

        • +1

          Also, you can search the court lists by case numbers and there isn't anything coming up for that one.

    • Tempted to call that number to troll if it is a scammer. It says the payable amount could be more, so make sure to call before paying. I am guessing they are assuming if you are calling, that means you have fell for their trap, and now will be willing to pay more. I am so tempted to call that number to see what happens and how much they raise the price by. Any one want to do it and post the results? I am currently at work.

      • +1

        Pretty sure it is a legit number as it is only one digit different to the published number for the Burwood Sheriff's office.

        • I called it. Burwood Sheriffs office.

  • +1

    I Googled the phone number and didn't find a match.

    • call that number and then call the official Burwood sheriff's office number (02) 9744 4090

      • +1

        So only the last digit is different? I'd hazard a guess that it's just a different extension

      • I called it. Burwood Sheriffs office.

  • I had a sheriff come to the door, I wasn't home and he left a card. I rang, left a voice message saying how long I'd lived there. Heard no more.

    • -1

      My in-laws had this happen, the sheriffs were really cool about it…they're pretty used to it.

  • +3

    If anyone ever questions you as to why you opened someone else's mail, just say it was 1 of the (under-age) kids in the house that opened it. No harm, no foul

    • +6

      I'm gonna say my buddy Spackbace did it, and he said you sheriffs were all sissies & couldn't do a thing about it. :P

  • +3

    I bought a property from the bank after the previous owner went bankrupt and disappeared. I got many threatening letters and visits from debt collectors.
    Simply ignore the letters and tell any debt collectors that the person no longer lives at this address. They will leave you alone. Took about 2 years before the letters stopped thought.
    The people they were chasing in my case was a pty ltd too

    Regarding opening the letter. If you call them you are admitting to opening the letter. I would say you opened it in error as it was part of a large pile that you paid little attention to until you saw the contents. Oops

    • As I was saying, it is so easy to open a mail by mistake.

  • +2

    What a great scam! Those cheeky Nigerians!

    • +1

      LOL I thought so too and out of curiosity Irang from a private landline number….It is the Sheriff's office (",)

      • +1

        The number may indeed be the Sheriffs Office, but there are way too many red flags with the letter. There are a number of Paypal letter scams going around where the scammers copy a genuine form letter email, including correct links to contact PayPal. Even so, some people fall for the scam and never click on the real link, or think that it is real because they hovered over a real link and it checked out.

        In this case, it just looks like a scammer trying to set someone up, to just turn up and demand money and hope the occupant falls for it because they think the demand is genuine. This letter is just wrong — the letter is not addressed to anyone, or has any addresses on it. There are no details to pay the amount claimed and there are no letterheads/logos etc. The formatting and layout is also very wrong. This is a real one: http://www.sdro.nsw.gov.au/lib/images/fines/ea_sl.png The letter they delivered could be sent to any number of people, it is too generic.

        • The image that OP showed us seems to be really dodgy and the sample letter Endotherm linked seems to be the correct format.

  • -1

    It is an offence to open mail that is not addressed to you.
    It is not for you, so why are you even doing anything?

  • +1

    I had a similar experience.Previous tenants defaulted on $7500 payment to some supplier for their catering business.Some debt collector turned up on my door.I have explained him that I was not the crook he was after and shown him my photo id.He left apologising and never sent any letter again.
    Simple rule:If you have not done any mistake-Don't give a shit

  • The letter was not for you, whatever the charges are or whatever it is for the previous owner, just Ingore it and move on, they don't have any right to charge you or do anything as you are not even related to the last owner, these things go away over time.

  • +1

    Stick it in the garbage and forget about it. I mean, did you sign for it?

  • +2

    Just remember to shoot the deputy.
    .
    .
    .
    .
    .
    ..
    .
    .
    .
    this comment is purely in reference to a Bob Marley song and not a command or suggestion to commit murder or cause harm against any law enforcement agency and their agents or, indeed, to cause harm against any person.

    • +1

      Isn't it scary, that only on OzB would you actually need that disclaimer! :P

    • Just put a fishers and shooters banner in front of your house. They will think twice before they knock on your door. And who knows, you might win the election and become rich with lifetime pension and unlimited travel perks

  • +2

    It's a fake.

    They include real phone numbers so it appears real, but they know if you call that nothing about the fake Pty Ltd will be disclosed to you by the real Sheriffs office due to privacy, so you're none the wiser.

    You'll then probably get a phone call or a knock on the door within a week.

    Ignore, throw it in the bin, anyone knocks on the door about it threaten to call the police.

    • +2

      threaten to call the police

      Even if a real cop comes, just call the police to scare the shit out of the police

  • -5

    HAY GUYS HAY GUYS! ITS ILLEGAL TO OPEN OTHER PEOPLES MAIL!

    JUST MAKING SURE BECAUSE I DONT THINK ANYONES MENTIONED IT! Australia post gestapo is probably coming for you

  • Definitely a Fake. Real Government letters/docs should have the individual's full name and address, not Dear Sir/Madam but like "Dear Mr LastName".

    Just call the number AND the shieff's number on his website or phonebook and ask if it is legitmate.

    • sheriffs sent me letters and they were pretty unprofessional like this, they were also not that smart

  • if it was me, tear the letter of, put on the bin at your local train station and move on.

  • +1

    My opinion is that this post was looking for a reaction.
    I am sure that you have common sense.
    In this litigious society that we have become, there is no valid claim against your property.
    Ignore and move on!

  • +2

    I've worked in property my whole life and I am reasonably certain it is not possible to purchase encumbered property in Australia (ie when you buy it, the transfer can only occur when the title is clear, that is without recorded debts or mortgages, liens etc to other people.) These must be dealt with at the time of transfer and paid out of the proceeds of the sale.

    Having said this I bought a property once which was previously owned by someone who must have had a few bad debts. Debt collectors turned up continually (even the rough looking bikie types), massive amounts of mail addressed to me claiming I had the debt, tens or hundreds of calls asking for Mr XYZ on my telephone number. Random thugs turning up asking if I knew where he was. Even though I didn't live at the property in question, the debt collectors somehow referenced that property back to my HOME address and then started turning up at my own home.

    I actually had to make a permanent sign stating that I was not XZY and had no association with him, and erected it at my front gate.

    This stopped after around 3 years. I guess the debt collectors realised they were chasing a rat down the wrong hole.

    • +2

      lol.. I had a call from a "debt collector" once for a neighbour across the road.. They couldn't contact the person and wanted me to write them an anonymous letter to drop in their mailbox. The conversation didn't go the way they had hoped.

  • +1

    Looks a scam letter mate!

  • -1

    Poor guy, got injured at work and can't work.
    Doesn't get paid workers comp….
    He must be doing it tough.

  • So what happened when you called them??

  • You'll find an employee of a council, electricity, water or gas were injured while attending your property.

    They have made a work cover claim http://www.audit.nsw.gov.au/ArticleDocuments/254/26_Volume_F…

    and the Workers Compensation Nominal Insurer (trading as the NSW WorkCover Scheme) has deemed your at fault or a no show at the court hearing, or wrong address.

    It could be a very articulate Scam became i see no results for that case number
    so be sure to use the number on the official website
    https://onlineregistry.lawlink.nsw.gov.au/content/contact-us

    https://onlineregistry.lawlink.nsw.gov.au/content/court-list…

  • Ignore it, it's nothing to do with you.

  • Just pay it, cash, what's your address, I'll be around in 15 minutes.

    • 810 Victoria Rd, Ryde NSW 2112

      I will be waiting at the doorstep. Come alone.

      • Very funny.

      • Hey that's where im staying

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