Collecting on a TT order

[Keithw]

I have a TT order for possession of my property, payment of rent arrears & a tenant that doesn't want to be found.
After much digging & exchanging info with others who are chasing this tenant for money, I finally have her new address.
I also have a working email address & the phone number & address of her father.
She is a beneficiary & has no assets

What is my best option here ?
Apply for enforcement through the District court ?
Pass to debt collector
Something else ?

Does anyone have some text that has proven to work well at convincing the extenant that it is wise for her to do a voluntary attachment order ?

[drelly]

Forget debt collectors... total waste of time and money. Go for an order of examination with the court collections dept and request an attachment order to her benefit at the same time. No need for it to be voluntary!

[Keithw]

That's pretty much the conclusion I have come too, just wondered if anyone had come up with other useful solutions.

[Hound]

Drelly's right Keith. The only useful item in the credit column of this persons balance sheet will be her benefit. That's what you need to go after. Be prepared for the long haul, if you can do that you will be repaid.

[drelly]

Once the attachment order is in place and you have a new tenant, just think of it as extra cashflow. Also, don't panic if you get a letter saying that it's been stopped. You'll probably get another one inside 2 weeks saying it's been restarted.

[Perry]

Don't forget that being present at the OE
is quite important. Things can go awry if
there's no one there to represent your
interests. Court staff don't care if the
figures put forward (as a budget) by the
debtor are never-never land stuff.

[DamonH]

Forget debt collectors... total waste of time and money. Go for an order of examination with the court collections dept and request an attachment order to her benefit at the same time. No need for it to be voluntary!

Yep, go down this path.

When I went through an OE the Court Staff could see that the "figures put forward (as a budget) by the debtor" were "never-never land stuff." (like expenses were double the income) And as such they did their own rough figures. normally they will give up to half the spending cash left but in my case they gave me over three quarters because they could see the fellow was very dishonest.

Once working through the hassle of getting to OE and the payments started there was no problem at all and I have received the last $30 payment a couple of weeks ago and its now all cleared up.

[Keithw]

Thats good to know, I was not aware that the debtor could make up their own budget.
What takes priority when they have my back rent, loan payments to finance companies, HP etc

[Hound]

Keith, your court ordered debt (TT decision) takes absolute priority over other debts not subject to court orders. You may have to politely remind the deputy registrar of this fact. Otherwise, why have a court at all? Insist the debtor provides uncontestable proof of their financial circumstances. If you are nervous prepare a brief written submission outlining the above, but still make sure you attend the hearing if possible.

[Borgette]

I recently went through an OE, the more you know about your tenant the better, also as hound said make sure you insist on proof of debt.

I knew my tenant was a big fat liar so I found out as much as possible before the meeting...

At my OE the tenant said she had a new car to pay off at $xxx per week. Having just done a search at the post office for an address for her via her old cars number plate I knew she was still in possession of it. So I asked her politely oh, what happened to the "xxxx", did you buy another one? Oh she said I sold that ages ago. When was that then, I asked... looking interested??. Six months ago she said, it was stuffed. Well I said you might want to check on that, bcause as of yesterday you were still the registered owner. well yum,,, yeh, aye I guess Ill have to see to that one then, she replied. Didn't look to good and I was awarded $30.00 on her benefit. shes living at home with a parent and "apprently"... pays $200 a week rent?? thats a Tuis I reckon.

[Keithw]

Cheers
Have quite a detailed dossier on this one:
outstanding loans, outstanding purchase payments, trademe acct (shows what she has been buying), facebook(great for pics & friends), boyfriends data (would love to nail him as well, has been using it as his place of residence, but he was not on the agreement )

[Cabal Investigations]

As (amongst other things) a professional debt collecter, I agree with the poster who said forget the collectors and take it straight to the Tribunal.

Unlike with other civil debts, with the TT there is a relatively quick and inexpensive process in dealing with tenants. A debt collections agency (at least the legitimate ones) can only threaten someone with a bad credit rating for failure to pay, whereas the TT orders are just as binding as any other Court ruling, along with the ability to call upon the Enforcement unit at the courts, if required. If only it were that simple for recovery of commercial debts... well, I'd be out of a job.