Members Area
    
 
   

CIVIL LAW

Liens - Someone Keeping Your Property for an Unpaid Bill

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


How does a lien or charge over someone else's property work?

Can you get one before a Civil Court gives you judgment?

Do you have to sue someone first?

This topic should also be read in conjunction with our specialist topic Mareva Injunctions - A Civil Restraining Order

A tradesman or professional person is able to keep your property until such time as you pay their bill.  But not in every case.

However, this is a difficult area of the law and both sides need to know their rights very well.

The Act of Parliament dealing with this area of the law is the Wages Protection and Contractors' Liens Repeal Act 1987.  

There is really only ONE active setion which is Section 3.

We provide you with a direct link . . . .

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

We also provide you with a direct link to that section of the Website of the Ministry of Consumer Affairs.  It is a useful overview.  Just click on :

 

.  .  .  Ministry of Consumer Affairs

 

CONSUMER ONLINE also

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
A.Marsh
I "

"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
"Likewise . . . very helpful. Thanks. Gerald - May 2007 - Tauranga"
"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.

Rina

Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"I found all these contract topics interesting and helpful. JD. Napier December 2006"
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
 Select Topic
 
 Related Topics