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When the court makes a decision that an individual or business is owed a debt, it issues a judgment order telling the debtor that they must pay the creditor. However, often creditors are left wondering what happens if the debtor doesn’t pay. Find out how the court can assist you in recovering an … View moreWhen the court makes a decision that an individual or business is owed a debt, it issues a judgment order telling the debtor that they must pay the creditor. However, often creditors are left wondering what happens if the debtor doesn’t pay. Find out how the court can assist you in recovering an undisputed civil debt.
Collecting civil debt
The process of collecting civil debt if the debtor doesn’t pay is called ‘civil enforcement’. A creditor can only initiate civil enforcement where a court or tribunal has ordered a debtor to pay a civil debt. The court doesn’t enforce judgment orders automatically; a creditor must select the appropriate enforcement actions and manage the process independently, or with the assistance of a lawyer. When you make an enforcement application, you can claim interest on civil debt that’s more than $3,000. If your order is more than six years old, you may need the court’s approval before taking enforcement action.
You must know a debtor’s correct address before the court can take some enforcement actions on your behalf. If you don’t have the debtor’s address, you can:
· Try to find the address yourself
· Make a confidential address information request with the Ministry of Justice, or
· Enquire with a government agency under the Official Information Act 1982.
Enforcement process
There are a number of ways that the court can help you to enforce a civil debt. These include:
· Assess the debtor’s finances on paper: a financial statement for the debtor can be completed by the debtor or by you, if you have sufficient information about the debtor. This can be useful if the debtor doesn’t have a phone, English is not their first language or they cannot attend a hearing
· Assess the debtor’s finances over the phone: if you have the debtor’s telephone number, you can apply for a registrar to telephone the debtor to ascertain their ability to pay. This can be useful if you don’t have the debtor’s address, you don’t want to attend a hearing or the debtor has not completed a financial statement, or
· Summon the debtor to a financial assessment hearing: if you have an address for the debtor, you can apply for a hearing to ascertain the debtor’s financial situation. You can serve a summons to the hearing on the debtor, or request a court-appointed bailiff to do so. If service is unable to be completed, you must provide a new address for the debtor. Where service is completed, but the debtor fails to attend the hearing, a warrant for the debtor’s arrest may be issued.
Enforcement actions
You can make multiple applications to enforce civil debt:
· If you know who pays the debtor (salary, wages or benefit), you can apply for an attachment order, which tells an employer or Work and Income to transfer money from the debtor’s wages or benefit to you. This arrangement can be set up either at a hearing if the parties agree, or after the judgment order has been made
· For a debtor who has valuable assets, you can apply to the court for a warrant to seize property. You must provide evidence that the debtor owns the property
· If someone else owes the debtor money, you can apply to the court for garnishee proceedings to have that money paid to you instead, and/or
· For a debtor that owns property, you can apply for a charging order to make it difficult for them to sell that property until the debt is paid.
Fees
There are fees associated with civil enforcement. You can, however, add the cost of fees to the amount owed by the debtor to be recovered when the debt is paid. A list of current fees can be found here.
Forms
You must complete an application form for each debtor. A list of civil enforcement forms can be found here.
The process of enforcing civil debt can be time-consuming, and a debtor can throw up many roadblocks to prevent you from getting your money. If you’re having problems recovering a debt, we’re happy to guide you.
The days are getting longer, which is great for getting outside and enjoying spring!
Read more at Newsline: bit.ly...
Drove to Lake Ellesmere on Saturday night to try and capture the Aurora with a Sony SLT-A99 full frame camera I picked up 2nd hand earlier that day - only a weak aurora at best sadly, but with no moon and a clear sky the Milky Way was a pretty amazing plan B... :)
Need to sell our much loved Land Rover. No longer required as we have given up the rural life and my husband can no longer drive. Well looked after by Southern 4x4, Land Rover dealer and Land Rover Spares CHCH. 2001 Turbo Diesel 5 cylinder, its done 230xxx km, seven seater that was used as a family… View moreNeed to sell our much loved Land Rover. No longer required as we have given up the rural life and my husband can no longer drive. Well looked after by Southern 4x4, Land Rover dealer and Land Rover Spares CHCH. 2001 Turbo Diesel 5 cylinder, its done 230xxx km, seven seater that was used as a family vehicle not for 4x4 offroading.
The Road User KM are paid up to date and the Rego is current until 10 October 2017 and the WOF is until 01/02/2018. Registration for it is $158.78 per year.
This is the list of some of the work we have had done on it
2014 ABS Modualtor $795
2014 New Radiator $1177
2015 Left indicator, head lamps $365
2015 Transmission oil leak $960
2015 Intercooler hose replaced $200
2016 Fuel regulator and heater controllers $1277
Hello Fellow Neighbourlysians
Does anybody out there have or know where I could buy a used keg from, my brother is needing it for a project that him and his son are working on, any info that leads to a purchase will be much appreciated...T.I.A
Come along to experience the beauty of Korea!
Make your own Korean folk crafts, watch our traditional dress 'Hanbok' show. Enjoy beautiful dance performances, and don't forget to try out some of our delicious treats.
All you need to do is come along with friends, family and have… View moreCome along to experience the beauty of Korea!
Make your own Korean folk crafts, watch our traditional dress 'Hanbok' show. Enjoy beautiful dance performances, and don't forget to try out some of our delicious treats.
All you need to do is come along with friends, family and have fun! See you there!
Organiser: CHCH Korean School
homepy.korean.net...
Goods you buy must be of “acceptable quality”
“A lot of people don’t realise what protections they have when they buy consumer goods from a New Zealand business” says Neil Lancaster of Citizens Advice Bureau Christchurch Area. “According to the Consumer Guarantees Act, those goods … View moreGoods you buy must be of “acceptable quality”
“A lot of people don’t realise what protections they have when they buy consumer goods from a New Zealand business” says Neil Lancaster of Citizens Advice Bureau Christchurch Area. “According to the Consumer Guarantees Act, those goods must be of acceptable quality. This means that the product must do what you would expect it to, and last a reasonable length of time.”
Neil Lancaster says “The product must be fit for its normal purpose and in good working order, have an acceptable finish and appearance, no minor defects, be safe to use and durable. For example, if you buy a new vacuum cleaner and it doesn’t clean the floor very well, overheats easily or needs repairs not long after the purchase, then it is not of acceptable quality. Also, if you’ve arranged for the business to deliver the product to you, they are responsible for ensuring that it arrives in good working order.”
“Second hand consumer goods that are sold by businesses must also be of acceptable quality, though of course you shouldn’t expect a second hand product to last as long as a brand new one, nor that it will be free of dents or scratches. You do need to take into consideration the age and price of the item.”
“If something you’ve bought from a business is of unacceptable quality, you can go back to the business and the business must put it right”. They have to get it repaired at their own cost, or if it can’t be easily fixed they have to replace the item or give you a refund. The business can’t simply refer you to the manufacturer, require you to return the item in its original packaging, or offer you store credit instead of a refund.”
“Some people think that once the warranty expires then that’s the end of the story, but in fact even if something is out of warranty you still have the same rights under the law. You should expect what you’ve bought to last a reasonable length of time, regardless of the warranty.”
“If you do strike any problems with getting a remedy for goods of unacceptable quality, we can help” says Neil Lancaster “Just pop into one of our three Christchurch locations; Ara (CPIT), Fendalton Library or Hornby Library or call 0800 367 222 (free to call from a prepaid cell phone).
We are so excited that Sophie Pascoe loves our new Swimsmart offering as much as we do! Unlimited pool access means more time in the water for our kids at no extra cost.
More info on membership: bit.ly...
Hi, Dear Customers:
One new special added today:
10kg spuds $7.99/bag (rocket, rua, karaka, Agria, avaliable now)\
Green grapes special finished
all other specials remains
Thank you for viewing
Akaroa is gearing up for this year's French Fest, the bi-annual event which draws people from near and far for a weekend of events that celebrates Akaroa’s unique heritage. More at NEWSLINE: bit.ly...
Front flat 430 Ferry road
We still have some furniture left from yesterday.
Extendable table and 4 chairs, single bed, wall unit and chest of drawers, plus free linen, clothing and crockery
RECYCLING MAN FREE ITEMS
Free Molicare Mobile Medium.
There 14 in a pack.
For detail call 02108439932
We Kiwis love our backyard. Whether it's our own gardens, parks or our big Kiwi backyard. Because we love it, we want to take care of it. Conservation Week is a great time to show our backyard some love.
There's plenty of ways for you and your family to take part, and we’ll be adding… View moreWe Kiwis love our backyard. Whether it's our own gardens, parks or our big Kiwi backyard. Because we love it, we want to take care of it. Conservation Week is a great time to show our backyard some love.
There's plenty of ways for you and your family to take part, and we’ll be adding more local events soon. For information on backyard activities and events near you, visit: www.conservationweek.org.nz....
Plus, keep an eye out for our photo competition details coming soon!
If you know of other Conservation Week events in your area, you can add them to our list here: www.doc.govt.nz...
Folk singer Adam McGrath is telling people's stories through song thanks to a CCC community funding project. More at NEWSLINE: bit.ly...
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