Any Legal Whiz Kids Out There

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13 years 6 months ago #15830 by cantyguy
Over a year ago I brought a dodgy generator off a guy that literally fell to pieces. I took him to the disputes tribunal and won and he was duly ordered to repay me.
I had to use a private investigator to find him.
Anyway he has managed to avoid payment, avoid a disclosure hearing, avoid arrest when he didn't front up at the court and has convinced the baliff that he has nothing of value to sieze for payment.
All his vehicles including, his work truck (he is self employed) a donut caravan a $180,000 motorhome plus other vehicles are in his partners name.
The generator which is on wheels I later found out was also in his partners name.
He also sells thousands of $$ of stuff on TM mainly commercial coffee equipment (check out listings for izon).

I don't know what else to do.

As his partner was the owner of the generator can I go her?

I have thought of having someone purchase one of the items on TM and then siezing it when he delivered it.

Any other suggestions.

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13 years 6 months ago #239874 by eelcat
try Citizen's advice - they offer a free service. What a nasty piece he sounds.

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13 years 6 months ago #239877 by reggit
Interesting one...if you are married, then one partners property is automatically the other partners as well for things like this. Wonder if that applies to de facto couples now under the Matrimonial Properties Act...?

Take a break...while I take care of your home, your block, your pets, your stock! [;)] PM me...

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13 years 6 months ago #239888 by Kiwi303
I'd be investigating a court orger to take payments out of his income, if he's selling things he is making income. if he claims he isn't making income then theres enough cause for IRD to start an investigation, and they can jail him for tax fraud :D

You Live and Learn, or you don't Live Long -anon

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13 years 6 months ago #239898 by ame
Replied by ame on topic Any Legal Whiz Kids Out There
Speak to a lawyer. No, really. We could speculate wildly all afternoon, but it really won't help.

A

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13 years 6 months ago #239901 by NZ Appaloosas
I agree with ame--talk to a lawyer. Citizen's Advice Bureau does have lawyers that donate their time to them, but I'm drawing a blank as to what days they are at CAB in Christchurch. I don't remember where the roster is...

Diane


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13 years 6 months ago #239904 by Pumpkingirl
If it's a large enough amount of money, then speaking to a lawyer would be a good investment, even for 30 minutes of their time to get your options. I would however, carefully choose that lawyer and make sure they deal with this kind of case - you don't want to waste 30 minutes of your time and money on a lawyer who is talking cr*p and wouldn't have a clue.

That said, I would have thought the Disputes Tribunal process would have taken this up for you, as outlined here , where it talks about docking the income of someone who owes you money. You do have to keep making applications to the court, but they will made judgements on your behalf and can even impose periodic detention (read below).

What is Contempt of Proceedings?
A. If an Examination has been carried out and the person has failed to comply with an Order made at the Examination hearing, they are in breach (contempt) of that Court Order. You can then apply for Contempt of Proceedings against them. If your application is granted, the matter is heard before a District Court Judge who is able to sentence the person to Periodic Detention for contempt of the Order. This penalty does not replace the Order itself (e.g. the amount of money owed to you should still be paid by the other party).

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13 years 6 months ago #239964 by Jack
Replied by Jack on topic Any Legal Whiz Kids Out There
Gidday

Go to your nearest Courthouse and speak to the Registrar. He will be able to help you with advice or even better still he may be able to start some other action. But he will know what is best and it won't cost you asking him.

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13 years 6 months ago #239972 by Simkin
If you won at the disputes tribunal you should get the money. If he convinced the bailiff he has nothing worth taking go back to the disputes tribunal and tell them you know otherwise.

You can get free legal advice at the Community Law Center (I think that's the name). It's in central Christchurch.

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13 years 6 months ago #239983 by Isla
Replied by Isla on topic Any Legal Whiz Kids Out There
One trick I've picked up in having to deal with the Disputes (Small Claims back on the first occasion) Tribunal, is that using the names of both or all potential parties in your claim is very wise. When we lodged one years ago over some grazing payments and didn't put both our names on, I wasn't allowed to attend and provide back-up evidence. Recently we took some very troublesome ex-neighbours through the system and I very deliberately put both their names on the forms, so that if they tried maintaining that their stock or goods were owned only one way or the other, they'd still be caught. I knew I could keep track of one of the pair through some official channels, so if the other disappeared, it wouldn't matter. Doesn't mean we've seen any of the money we were awarded in the hearing, but the wheels are still slowly grinding.

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13 years 6 months ago #240078 by cantyguy
Thanks all, I have tried all the suggestions pretty much. He didn't turn up for the examination and a arrest warrant was issued. He had his partner tell the baliff he didn't reside at the address so the arrest warrant was dismissed. I have just talked at length with the registrar and another arrest warrant is in place. It is up to me to establish he 'owns' assets than can be siezed.
I have since through a third party that he ripped off to the tune of $6000 been able to link him to his user name on TM where he is selling many thousands of $$ of goods.
That said the arrest warrant still has to be served for the order of examination so I can prove he has assets.
As he is self employed (check out www.izon.co.nz ) I can't have deductions made from his account. That being said I now have his account # and will give it to the court and see if they can access it.

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13 years 6 months ago #240144 by kindajojo
if you have a tribunal decision for payment through the court then they are responsible for enforcing it...however they have lack of resources and can only seize property if they know it exists..hence why everything will be in partners name.
You are probably not the only creditor.

I know some baliffs sit ouside court on court day and take rego's. If there are outstanding fines..... then tyres are clamped.
You could look at having the claim lodged through baycorp or other debt collecting agency.. they charge a % but have a few more resources

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13 years 6 months ago #240270 by arnie.m
He has spent a fair amount buying on trade me over the last few weeks[:0]

arnie
88 Valley
Nelson

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13 years 6 months ago #240346 by Jack
Replied by Jack on topic Any Legal Whiz Kids Out There
Gidday

Just to rub a bit of crap in as well, give all the information you have to the IRD. They will really take it out of his hide.

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13 years 6 months ago #240478 by cantyguy
Well an arrest warrant was to be issued on Thursday or Friday to get him into court for disclosure. Obviously he has managed to avoid this again.
On the upside I have now had two people contact me who brought goods off him on TM and have supplied me with copies of emails that positively link him to his user name on TM. I have also managed to link him by name to his coffee company. All I have to do now is convince the baliff that the items for sale on TM and his website are his assets and should be siezed.

I can't believe how easy it is for him to convince the baliffs that it is not him, he does not live at the address, he owns nothing and yet he has business equipment with his company name including his business vehicle in the drive when the baliff visits.

I really don't think the courts have enough power, they should be able to enter premises and access bank accounts to sastify the court order.

On that note I now have his bank acc # I wonder if the courts can access it?

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