Debt Collecting for Noobs

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  1. Post
    #26
    Now I have to wait 30 days, he has 30 days from March 2nd to file and serve a Notice of Defence

  2. Post
    #27
    He wont file a Notice of Defence as he simply does not have one.

    However, I would much prefer him to defend it because then it will cost him more money

  3. Post
    #28
    sooby wrote:
    +1 on waiting 30 days is gonna be painful!

    Hey Aaron, where was the spy camera on your person, looked like it was in a shirt button hole?
    It is in a pen

  4. Post
    #29
    Orz wrote:
    My one concern is, can he do anything with these harassment claims? You calling him a homo, a wanker, and making a thread about him etc - wouldn't that be bad for you?

    If not, then top work!
    Not at all, some of my biggest clients are following this thread - I couldn't care less about harassment charges and the Police wouldn't either. I have given him much worse via the 30 odd text messages I have sent him so if he wants to insist on pursuing it then sweet, I will put it in my trophy room with the 57 trespass notices I have been given

  5. Post
    #30
    cencsor wrote:
    I was also wondering about the whole "harrasment" thing.

    E.g making this thread, calling him names, "harrasing" him, putting his details on the internet... Won't that make you look bad? I spose it doesn't matter
    This thread was made as a warning to online traders, out of concern on my part Everything I have said is fact. It definitely does not make me look bad, if you mean to my clients, as they see that I am determined to get the job done, no matter what.

  6. Post
    #31
    hahahaha WTFFFFFFFFFF ok who was it?

    http://www.facebook.com/people/Brad-...00000852844838

  7. Post
    #32
    ¤hi wrote:
    LMFAO^
    pwned with my ninja edit!

  8. Post
    #33
    Screenie before it disappears.




  9. Post
    #34
    whoever did that can you take it down and do whatever you want once this is over - ta

  10. Post
    #35
    Brad joined the group JUSTICE FOR PILLOW BITERS?? haha wtf

    MoNk wrote:
    Want the screenshots gone?
    nah - the page is down so that will do for now

  11. Post
    #36
    " Brad McLaren Ok... it's official... I have resigned from Answer Services... Onwards and upwards!"

    lol

  12. Post
    #37
    "Brad McLaren I went. I saw. I think my expectations were too high. But Lady Gaga did put on a good show "

    pretty much gay.

  13. Post
    #38
    Brad McLaren Ok - Saturday the 27th March 5pm - 11pm @ Rainbow's End. Celebrating my time at Answers. $32 a head. Let me know if you want to come - RSVP to me by the 20th, cos if we have enough people it will be cheaper! Txt me up or hit me up on here!

    Anyone going to this?


  14. Post
    #39
    Brad McLaren
    I have your numbers. You ahve mine. And I think I'll be sleeping through it tonight... I did doggoe and I'm still here....



    Is doggoe gay speak for up the bum?

  15. Post
    #40
    Posted with permission from God aaron-afk

    futsal wrote on Today 9:03 am:

    Hi

    Just curious (and didn't feel like posting in thread for maximum damage) - what's the least that this guy can get away with paying now?

    ie. if he turns around to "settle" can he simply pay $200/$350?

    Or is he paying $1300 regardless now?

    Cheers
    aarOn-afk wrote on Today 9:18 am:

    No he must pay the maximum for the court proceedings to stop. He cannot just pay some of that and then say to the Court that he has paid. He can dispute the total amount but the Court will always award me judgment because he has no defence and was warned of the extra costs.
    LMAO! This guy is *****d

  16. Post
    #41
    Brad McLaren Woop Woop. Casino this Friday night. Who wants to come? Woop Woop. Rainbow's End this Saturday night. Who wants to come?
    9 hours ago

    lol.
    this guys a moron.
    someone should tell him to save his money for his court proceedings.

  17. Post
    #42
    Correct, served on 2 March - just filed my 'affidavit of service' which is a sworn document that shows the Court that I served the documents. No notice of defence has been received yet, so if there isn't one, then the Court will just award default judgment of the total amount

  18. Post
    #43
    Once I get judgment, I will not be going straight for an attachment order, I will be applying for a 'distress warrant' which basically allows the Court to sieze any assets that he has, sell them and pay me the money. I will detail this later after judgment is awarded along with all the different things you can do to enforce the judgment.

  19. Post
    #44
    c0nc0n wrote:
    Aaron, I'm studying law and I'm interested in how this is all playing out.

    Curiously, where do these powers for "distress warrants" etc come from? Any legislation?
    Yes, District Court Rules 1992, Section 10 'Enforcement' for the actual legislation but here is a quick outline of it all;

    Discovery (Examination)

    A judgment creditor may use the discovery processes under the District Court Rules 1992 (Rules 577 to 583) to aid execution against a defendant (also know as the judgment debtor in respect to monetary awards) whose financial status is unknown.

    The discovery process enables the plaintiff to require the defendant to attend Court to be examined as to his or her financial means by a Deputy Registrar. The purpose of the examination process is to obtain information relating to the defendant’s financial status, including his or her assets, liabilities, income and ability to pay.

    A without notice to the judgment debtor application for examination can be made to the Court, where a defendant fails to attend and be examined by a Registrar. The application is then sealed by a deputy Registrar and served by a Court bailiff. The examination is held before a Deputy Registrar. The judgment creditor is entitled to claim costs for the examination. An arrest warrant can be issued, if the defendant fails to appear to force the defendant to be brought before a Judge or Deputy Registrar to be examined.

    Once the defendant has been examined, both parties have an opportunity to comment on the next steps. The Court can order various methods of enforcement of the judgment debt, such as attachment orders, distress procedures or charging orders. The Court may also make an order that the debt be paid by installments to the judgment creditor.

  20. Post
    #45
    Attachment Orders

    An attachment order is a mechanism by which regular payments can be deducted from a judgment debtor’s salary and paid directly to the judgment creditor. A benefit payable by Work and Income New Zealand may also be subject to an attachment order.

    The general practice is to apply on a without notice basis. The judgment creditor will need some evidence as to the judgment debtor’s employer. An attachment order is subject to other criteria. The attachment order must specify an amount (protected earnings rate), which is the minimum sum that must be left for the judgment debtor to pay for rent, mortgage, food etc. An attachment order may also be subject to orders made under the Family Proceedings Act 1980, deductions under the Child Support Act 1991 or student loan payments. An attachment order is useful where the judgment creditor has sufficient information about the judgment debtor’s financial status.

  21. Post
    #46
    Sale orders

    A sale order may be issued where there is specific information about assets owned by the judgment debtor. A check of the judgment debtor on the Personal Property Securities website (www.ppsr.govt.nz) may provide useful information.

    A sale order authorises a Court bailiff to seize specific assets owned by the judgment debtor and then sell them with the proceeds of sale being provided to the judgment creditor to satisfy any judgment debt. A Court bailiff will require an indemnity from the judgment creditor where a sale order is issued. The judgment creditor’s indemnity records that the judgment creditor will pay any costs or damages claims issued against the bailiff, if there are any issues regarding ownership of any seized goods.

    A sale order may be returned “nulla bona” (the judgment debtor has no assets). A returned sale order with nulla bona is an act of bankruptcy under s26 of the Insolvency Act 2006. A judgment creditor can use this to bypass issuing a bankruptcy notice and proceed with an application for an order adjudicating the judgment debtor bankrupt. The nulla bona should be exhibited to an affidavit sworn by a Court bailiff and appropriate wording should be used in the creditor’s application to record the nulla bona as an act of bankruptcy.

  22. Post
    #47
    Charging Orders

    A charging order may be obtained over a judgment debtor’s property, shares or money held under a trust. A charging order is useful when there is knowledge that the judgment debtor has property that can be sold or is in the process of being sold. There is no power of sale in the District Court following a charging order.

    A charging order is Final at first instance where it is sought against land. The order is an Interim charging order until a further order is made where it is obtained against other assets. An Interim order must be served on any affected persons. The judgment creditor may then apply for the order to be made Final, where no steps are taken.

    A judgment creditor who wishes to enforce a charging order over land must have the charging order transferred to the High Court. Charging orders expire after two years. Enforcement steps must be taken within that two year period. Otherwise, an application for renewal will need to be made within the two year period. The Court will require an explanation as to why the order was not enforced within that period.

  23. Post
    #48
    Snosalmon wrote:
    So if this guy just declares bankruptcy how do you proceed? Is there anything you would be able to extract if he doesn't own real estate and declares bankruptcy?
    nope, that is the only way out

  24. Post
    #49
    pctek wrote:
    I have an ongoing dispute over some tosser on TM who sold us a dead chainsaw.

    I went through Disputes and won. Naturally.

    However, this guy, IU have since discovered, has done this sort of thing many times and is an expert at the system.

    A Distress Warrant is a big waste of time, because he turned around and said everything is owned by his wife. The Baliffs do not check this out - you have to.
    He lives in Featherston - I live in Southland.

    The next step would be for me to have an Order of Examination done.
    Unfortuately this has to be done at his end, and I either have to attend or pay a lawyer to. The lawyers all want ridiculous amounts of money.

    Baycorp will charge $130 for them to attend for me, however iof he doesn't turn up, I have to pay them this EACH time it is scheduled.

    If he continues to not turn up I can then file an order basically forcing him to go - by being arrested and taken.
    Again, this will cost me money.

    For these costs, I can claim back $128. That's it.

    The Distress Warrants are added to his bill - from the courts - they get this back, not me.


    He is listed with Baycorp - but of course this doesn't bother him, they just annoy him every now and then, and it affects his credit rating but he doesn't care.

    It's stacked against the victim - you have to spend a hell of a lot of money to get your original cost back, and by then it's cost more than the original debt is worth.
    That's why you don't go through disputes tribunal, and you can have an arrest warrant issued after the first time he doesn't turn for an EO. In regards to the Distress Warrant, that is why you need to do your homework first - I already have proof of assets that I can provide.

    Of course being in the 'industry' does help with costs.

  25. Post
    #50
    pctek wrote:
    I have been doing this for 13 months.

    You'll see.
    I have been through the exact same process with over 5000 people so I am quietly confident

    and this...
    ¤hi wrote:
    Hes got more resources than you
    Vortex wrote:
    p.s. Hi Aaron!
    Hi Giles!