Our Queensland client bought a used ute from a private seller he found on an online marketplace.
It came with a roadworthy certificate. It wasn’t roadworthy.
When he tried to get the seller to pay for the repairs, the seller couldn’t be found at the address he’d used for the sale. ezylegal got the court’s permission to serve him by email instead, and the court then gave judgment for the repair costs, plus interest and legal costs.
At a glance
- Problem: A ute sold privately with a roadworthy certificate turned out not to be roadworthy, and the seller couldn’t be found.
- Claim against: The private seller.
- Legal basis: Breach of contract, for selling an unroadworthy vehicle with a defective roadworthy certificate.
- Result: An order allowing the claim to be served by email, then default judgment in the Queensland Magistrates Court for the repair costs, plus interest and legal costs.
A roadworthy that wasn’t
Our client met the seller at an address the seller chose and paid for the ute. The seller handed over a roadworthy certificate with it.
Soon after, our client had a qualified mechanic inspect the ute. The mechanic confirmed it wasn’t roadworthy, and our client faced thousands of dollars in repairs to make it safe and legal.
Finding a seller who didn’t want to be found
ezylegal sent the seller a letter of demand, then filed a claim in the Queensland Magistrates Court for the repair costs.
Normally, a claim has to be handed to the other person. A process server went to the address where the sale happened, but couldn’t serve the seller there. Because the sale was arranged through an online marketplace, there was no other address or personal information to track him down with.
What we did have was an email address the seller had used to write to us about the claim. ezylegal applied to the court for substituted service, an order allowing the claim to be served by email instead. We filed evidence of the attempts to find him and written submissions. The court granted the order.
The outcome
Once the claim was served by email, the seller had his chance to respond. He didn’t file a defence.
ezylegal applied for default judgment. The court ordered the seller to pay the cost of making the ute roadworthy, plus interest and our client’s legal costs.
How default judgment works
When you file a claim in the Queensland Magistrates Court, it has to be served on the other side. From then, they have 28 days to file a notice of intention to defend. That’s a formal document saying they dispute the claim, with their defence attached.
If they don’t, you can ask the court for default judgment. For a debt or a fixed amount like a repair bill, the court registrar can enter it on the papers, without a hearing. You don’t need to go to court or give evidence in person.
The judgment covers the amount claimed, plus interest and a set amount for legal costs.
What default judgment means for the other side
A default judgment is a court order to pay, and it has real consequences for the person who ignored the claim:
- The debt becomes enforceable. If they still don’t pay, the court can issue an enforcement warrant to seize and sell their property, or redirect money from their wages or bank account.
- They can be ordered to explain their finances. The court can summons them to an enforcement hearing, where they must disclose their income, assets and debts under oath.
- Interest keeps adding up. Interest runs on the judgment until it’s paid in full.
- It doesn’t go away quickly. In Queensland, a judgment can be enforced for up to 12 years.
- It can affect their credit. Court judgments are public records and can show up on credit reports, making it harder to borrow.
- Bigger debts can lead to bankruptcy or winding up. If the debt is $10,000 or more, a creditor can use the judgment to start bankruptcy proceedings against a person. A company that doesn’t pay can be served with a statutory demand and wound up.
The other side can apply to have a default judgment set aside, but they have to act quickly, explain why they didn’t respond, and show they have a real defence. Ignoring a court claim almost always makes things worse.
Can I sue a private seller I can’t find?
Yes. If you can’t serve the court claim on them in person, you can ask the court to let you serve it another way, such as by email or text message.
This is called substituted service. The court will usually allow it if you show you’ve made genuine attempts to find the person, and that the new method is likely to reach them. An email address or phone number they’ve used to talk to you about the sale can be enough. Once they’ve been served, if they don’t respond, you can ask for judgment without a hearing.
If you’re facing something similar
If you’ve bought a car privately and it isn’t what you were promised:
- keep the ad, and every message with the seller, including email and phone details
- keep the roadworthy certificate and the receipt or transfer record
- get an independent mechanic’s report as soon as possible
- get written quotes for the repairs
- write to the seller asking them to pay, with a clear deadline
Get advice early, because time limits apply. Read more about debt and contract disputes.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.