When is a debt not a debt.

[billy the kid]

I find it preposterous, but expected, that the Qld government has brought
in the debt collectors to chase up all the money owed by punters who havent
paid their quarantine bill....
The bill is just a government fee imposed by the public health regulations.
It is not a court judgment.
Therefore debt collectors merely have a right to ask for payment...
Then they should be told to fuck off....
They cant seize assets...they can only threaten punters with court action
by the government...and threaten further legal costs...
BUT is it a debt....
If a punter is sued for their quarantine bill, there is no contract
in existence between the government and the punter.
At best, the punter is obeying a government direction (under duress perhaps)
to quarantine.
If there is no contract between the government and the punter, one could argue
there is no debt...
The punter by entering quarantine is simply obeying a government direction.
Admittedly, one school of thought would be that he should at least pay for his
two weeks of meals and accommodation...
Should he....why should he...whilst in quarantine, he is at risk of catching covid
from other punters quarantining in the room next door or across the hall....
The punter may have been out of work for that two week period, with no
income as he was forced into an unexpected, unplanned quarantine.
If I was being chased by the government for a quarantine bill, I would
wait for a summons, lodge a defence and if unsuccessful, offer a dollar a week...
In other words....kiss my arse....

[Bobby]

I find it preposterous, but expected, that the Qld government has brought
in the debt collectors to chase up all the money owed by punters who havent
paid their quarantine bill....

If I was being chased by the government for a quarantine bill, I would
wait for a summons, lodge a defence and if unsuccessful, offer a dollar a week...
In other words....kiss my arse....

Yes - in court you normally have to show a purchase order approving
the purchase of services or goods - as the result of a written quote.
That shows that a contract has been accepted.
The Govt. might have a hard job getting their money back.

[Jovial Monk]

I doubt that. Small claims courts are not very “technical” and there would be an invoice or something like that to prove the claim.

[billy the kid]

Debt recovery law in Australia is weighted heavily in favour of the debtor.
Just because a creditor secures a court judgment doesnt necessarily mean
he gets paid....
But thats another story for another day...

[Bobby]

I doubt that. Small claims courts are not very “technical” and
there would be an invoice or something like that to prove the claim.

Monk - the principle of offer and acceptance is very simple.

[billy the kid]

There is a difference between a claim and a cause of action...
IN the ACT (Small Claims Court) for example, a hairdresser can lodge a "claim" against a customer who doesnt turn up for her appointment...its a claim...not a cause of action...
IN NSW, in the Local Court, you have to have a cause of action....
EG...work done and materials provided...professional services rendered...
...goods sold and delivered.....and so on...
If people in the ACT disregard a claim served on them for not attending
a hairdressing appointment, they will have judgment entered against them
by default and the Sheriff will soon be knocking....
A bit different to NSW where you must have a cause of action....
If someone in quarantine is compelled to enter quarantine due to legislation
I am simply suggesting that the bill for two weeks quarantine is questionable...
The person in quarantine is not a willing party to the quarantine.
Therefore he is not a willing party to a contract...
Is this duress...is this coercion....
A bit murky I feel.....

[Aussie]

There is a difference between a claim and a cause of action...
IN the ACT (Small Claims Court) for example, a hairdresser can lodge a "claim" against a customer who doesnt turn up for her appointment...its a claim...not a cause of action...
IN NSW, in the Local Court, you have to have a cause of action....
EG...work done and materials provided...professional services rendered...
...goods sold and delivered.....and so on...
If people in the ACT disregard a claim served on them for not attending
a hairdressing appointment, they will have judgment entered against them
by default and the Sheriff will soon be knocking....
A bit different to NSW where you must have a cause of action....
If someone in quarantine is compelled to enter quarantine due to legislation
I am simply suggesting that the bill for two weeks quarantine is questionable...
The person in quarantine is not a willing party to the quarantine.
Therefore he is not a willing party to a contract...
Is this duress...is this coercion....
A bit murky I feel.....

There will be some statutory or regulatory base for it, I guess.

[Jovial Monk]

I doubt that. Small claims courts are not very “technical” and
there would be an invoice or something like that to prove the claim.

Monk - the principle of offer and acceptance is very simple.

What you talking about (.)y?

Offer, acceptance and {something} make up a {something else.} That what you are blithering about?

[Bobby]

I doubt that. Small claims courts are not very “technical” and
there would be an invoice or something like that to prove the claim.

Monk - the principle of offer and acceptance is very simple.

What you talking about (.)y?

Offer, acceptance and {something} make up a {something else.} That what you are blithering about?

It's the basis of commercial law.
Ask Aussie.

[Aussie]

I doubt that. Small claims courts are not very “technical” and
there would be an invoice or something like that to prove the claim.

Monk - the principle of offer and acceptance is very simple.

What you talking about (.)y?

Offer, acceptance and {something} make up a {something else.} That what you are blithering about?

It's the basis of commercial law.
Ask Aussie.

You can ask but it is pretty simple contract law. I am not coming into this Thread to any significant extent. I am unsure of the legislation/regulations.