Order for Examination

[ninercharlie]

I sought and had Tenancy Tribunal mediation on a tenancy that had rent arrears over 21 days. The Mediator’s Order (now sealed) required the tenant to pay rent and arrears on a plan. The Order was breached as nothing was paid. The tenant terminated the tenancy two weeks later with over $2500 owing in rent arrears.

The tenant is now responding only occasionally to calls and texts. In particular, I am unable to establish an address for service for the Court Bailiff to serve a summons for Order for Examination. Providing an address for service, according to the DBH site and the Court, is my responsibility. It seems that unless the former tenant can be served with a summons to appear, there will be no Order for Examination.

I am aware that I can make an application to DBH for contact information to be passed to the Court. I am also aware that if the former tenant is served and fails to appear, a Judge or Registrar can issue a Warrant to Arrest. I now discover that s 84C (1) (a) of the District Courts Act 1947 provides for Judge or Registrar to issue a Warrant to Arrest where the judgment debtor cannot be served. My question is, has any landlord been successful in having this provision (cannot be served) operate and had a Warrant to Arrest issued where there is difficulty obtaining an address for service of a former tenant?

[drelly]

Try texting them asking for an address saying you will apply for an OE followed by an arrest warrant if you can't work it out between you. Might scare them into responding. They won't know any better.

[gavinc]

< I am unable to establish an address for service for the Court Bailiff to serve a summons for Order for Examination>
This might work - I know it did for someone I know !!
Borrow a friends phone or pick up a new sim card. Call the ex tenant say you are a courier sitting outside his door and have a package to be signed for, he/she will then say "oh no I have moved" you say what is your new address please.

[frazzledfozzle]

that is very sneaky gavinc ! I love it !

[Gladdynook]

You can ask the court and pay the fee for them to locate the tenant for you. This cost then can be added to the costs owed by the tenant. They will ask for any info you may have like the last known address, car rego (I make a habit of recording these just in case).

[Nan]

I love that tatic too. i will use it myself, cheers.

[sheree99]

If you can establish where they work, can you use that as an address for service for an order of examination?

[gavinc]

and if they don't work? I suppose you could use WINZ as a workplace given that Dole day is called "pay day"

[sheree99]

I have on where I know where he works but don't know where is currently lives so is a genuine question

[gavinc]

sorry sheree99 - it was my attempt at humor

[Glenn]

I did a OE two weeks ago on a debtor by supplying only the address where she works.
There is provision on the OE application form for requesting service at the specified work address.
However some employers will not permit the bailiff serve warrants.
In my case the bailiff communicated before hand with the debtor and she turned up at the court voluntarily. This however was an arrest warrant so she did not need an appointment. The court calls me to come in urgently when an arrest / voluntary appearance occurs.

[sheree99]

I did a OE two weeks ago on a debtor by supplying only the address where she works.
There is provision on the OE application form for requesting service at the specified work address.
However some employers will not permit the bailiff serve warrants.
In my case the bailiff communicated before hand with the debtor and she turned up at the court voluntarily. This however was an arrest warrant so she did not need an appointment. The court calls me to come in urgently when an arrest / voluntary appearance occurs.

Thanks..