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REQUEST AND AFFIDAVIT FOR WARRANT OF EXECUTION

By: mllovric send a private message
Tagbilaran : Philippines | about 1 month ago  
Views: 10

In the Magistrates Court at Brisbane

Between Miron Lovric

of P.O, Box 5545, West End 4101.

and Daniel Griffin

of 17 Nuttall St, Bulimba or 1 Randall

St, Slacks Creek.

I Miron Lovric

of Box 5545 West End.

24 O'connell St, West End 4101.

MAKE OATH AND SAY THAT:

1. I am the abovenamed judgement creditor, in this action,#

2. The amount now due and unpaid to me in respect of my judgement,

is set out hereunder:

3. I request that you issue a warrant of execution to levy the

goods of the judgement debtor for the amount hereunder, togeth-

er with interst at the rate of 10 percent on the sum of $300-

(being the amount of money and costs ordered to be paid and

still remaining unpaid) from the date of the judgement and

pursuant to the provisions of Section 73 of the Common Law

Practice Act 1867 - 1981.

4. I request the Bailiff to execute the warrant at the following

address: 17 Nuttall St, Bulimba or if not available, 1 Randall

St, Slacks Creek.

5. Judgement was entered on: 15/5/1992.

6. Amount of Judgement Debt $300.00+

8. Cost of previous enforcement (if any) $ 11.00

10.Costs-Court Fees $ 11.00

TOTAL AMOUNT TO BE LEVIED =$311.00

SWORN by the abovenamed deponent at Brisbane.

Plaint No.:15153/92

REQUEST AND AFFIDAVIT

FOR WARRANT OF EXECUTION

In the Magistrates Court at Brisbane

Between Miron Lovric

of P.O, Box 5545, West End 4101.

and Daniel Griffin

of 493 Stanley St, Mater Hll, trading

as MITA. Ph 846.5349

I Miron Lovric

of 749 Main St, Kangaroo Point 4169.

MAKE OATH THAT:

1. I am the abovenamed judgement creditor, in this action,#

2. The amount now due and unpaid to me in respect of my

judgement, is set out hereunder;

3. I request that you issue a warrant of execution to levy the

goods of the judgement debtor for the amount hereunder,

the sum of $200.00 (being the amount of money and costs still

remaining unpaid) from the date of the judgement and pursuant

to the provisions of Section 73 of the Common Law Practice

Act 1867-1981.

4. I request the Bailiff to execute the warrant at the following

address: 493 Stanley St, Mater Hill 4101.

5. Judgement was entered on: 15/5/1992.

6. Amount of Judgement Debt $300.00-

7. Less amount received by judgement creditor $100.00+

8. Cost of previous enforcement proceedings (if any) $ 46.00

10.Costs-Court Fees $ 46.00

11.Costs for execution of Warrant $ 35.00

TOTAL AMOUNT TO BE LEVIED =$281.00

1/3/93 Bailiff Plaint No 15153/92

Dear Sir/Bailiff, I have this morning lodged a Request And

Affidavit For Warrant Of Execution for collection of money on my

behalf. This is in relation to a Small Claims Court Judgement

against a Daniel Griffin who was the licensee of Budget Copier

Service. The Registrar of Small Debts has asked me to put these

new details in writing. Mr Griffin has since the judgement been

reduced to just an employee, his mother, Mrs Griffin has taken

control of the business, their business sign on the shop door at

the Mater Hill premises is MITA, their cheques are LOGOTECH

BUDGET COPIER SERVICE. When I found them in the Mater Hill

premises where they were originally when the photocopier was

sold to me, it was in November 1992. I rang the company up

and, Mrs Griffin told me that there were other people who were

hurt by Daniel Griffin's business besides me including the Taxat-

ion Office and their bank. A former employee of Mr Griffin's

borrowed a loan against the company bank account of $7,000.00

to buy a car and absconded owing the money, they paid the money

themselves and since they have been back at the Mater Hill

premises, they have caught the man who did that. Mrs Griffin

told me that she has come out of retirement to give her son anot-

her chance so he doesn't go bankrupt and she made a verbal

statement to me that she will guarantee that I receive my money

back in full as she did to everybody else whoever they may be.

Mrs Griffin should have started paying me last November 92 as

she said that she would but when I didn't receive any money until

Christmas time, I wrote them a letter of reminder in which I

enclosed a copy of the Warrant Of Execution and the Small Claims

Judgement, she started to pay me $20.00 per week every Friday and

she does admit that mine is the lowest amount to be paid. I have

also complied with the order by returning the photocopier to them

but they unto this date have only paid me $100.00. This is

ridiculous because if Mrs Griffin can afford to go to Tasmania on

a holiday trip for a fortnight as she did in the end of January,

beginning of February, she should be able to pay me what she owes

me. While she was away I didn't receive any money at all. I'm

booked on Philippine Airlines to leave the country on 27 March

1993, it will be a permanent move to the Philippines. I have

been signing the weekly receipts for her each time when she pays

me $20.00. She Mrs Griffin writes the name Daniel Griffin on the

receipts which are enclosed to you within, the woman knows that

I shall soon be leaving the country and if I ask her for full

payment she either says that she hasn't got the funds or I'm

going to pay you off the same way that you bought the copier on

lay by. This is not good enough. I want my money in full because

it is necessary for my trip, she has stated to me on several

occasions that I would have my money in full by March but as

things are going she is not making any effort to pay me the money

in full, for that reason I'm prompted to employ the help of the

Bailiff to collect this money for me so I don't have to keep

going to their shop each week for sums of $20.00. My address

of service is P.O, Box 5545, West End 4101.

Yours sincerely Miron Lovric.

RECEIPT date 15/1/93

received from D GRIFFIN

the sum of TWENTY DOLLARS

REFUND ON

MINOLTA EP310

$20.00 Miron Lovric.

RECEIPT date 22/1/93

received from D GRIFFIN

the sum of TWENTY DOLLARS

REFUND FOR MINOLTA EP 310

$20.00 MIRON LOVRIC.

RECEIPT DATE 15/2/93

received from DANNY GRIFFIN

the som of REFUND

$20.00 MIRON LOVRIC.

RECEIPT DATE 19/2/93

received from D GRIFFIN

the sum of $20.00

REFUND ON MINOLTA EP310

$20.00 MIRON LOVRIC.

RECEIPT DATE 26/2/93

received from D GRIFFIN

the sum of $20.00

REFUND ON MINOLTA EP310

$20.00 MIRON LOVRIC.

Hundred dollars has been paid me. I'm still canvassing the

rest of the money.

METWAY BANK.

G.P.O, Box 2198,

Brisbane Qld 4001.

Australia.

WITH COMPLIMENTS

DATE 12/5/92 Enclosures

METWAY BANK LIMITED STATEMENT OF ACCOUNT

A.C.N. 010 831 722

Paid to DANIEL GRIFFIN when purchasing the photocopier

Chq 00009 last payment.

MAGISTRATES COURTS OFFICE P 652251

OFFICIAL RECEIPT

date receipt no received from by cash particu-

lars

26/3/92 652251 LOVRIC MIRON $11.00

particulars

CLAIM NO: 632/92 CODE Z1

F TUCKETT

cheques accepted subject to clearence.

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