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DEBT COLLECTING  .  .  .   A Real Pain !

NOTE - After 1 November 2009, new District Rules come into force.  We have already added a new topic on these Rules entitled "New District Court Rules" so you must read them.

We  will give you all the know how and documents to do your own debt collecting or recover money owed to you.  We will tell you about how to go about a claim in the following Courts and Tribunals :

  • Disputes Tribunal
  • District Court
  • High Court

We will also show you how to recover a debt from a Company.

Even if you don't end up doing the final work yourself, our site will give you enough information to save plenty of money in the preliminary stages.

Debt collection has become a very real difficulty in modern Society because of the ridiculous costs involved in both filing fees and lawyers fees.

Lawyers are charging an average of $250 per hour plus GST and frequently more.

We will assist you to save a great deal of money by giving the documents and the knowledge, at the very least, to do all of the preparation work yourself. 

Just to get an idea about the filing fees involved we suggest that you visit our index site headed :  Court Filing Fees  

You will see that there are filing fees in relation to the actual filing of the proceedings and then the setting down of the proceedings for a final hearing and then half day and full day hearing fees.

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/Blogs/Reviews from related topic: Alternative Dispute Resolution
"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
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.


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: Alternative Dispute Resolution
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
"it is utterly unfair that a debtor can get away with not paying, and often does simply because the creditor doesn't have the money (because the debtor didn't pay!) to go through all of this process. I'm sickened by the proceess which has seen me now not only being ripped off by this debtor, but then(and still) by the debt collector I folishly decided to use because I couldn't afford the intial legal fees (due to not being paid by the debtor!). Court has finally decided in our favor, but debtor still hasn't paid and I have to find more yet money to apply to have him liquidated, without any promise of getting anything back."
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found all these contract topics interesting and helpful. JD. Napier December 2006"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"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)"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
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