Order of Examination ???

[NIK]

Can anyone describe exactly what happens during the hearing? is there any info the LL should have/will be helpful...
ie $ of benefits (and how to prove it?/wages etc)
and if just one tenant was on the TA but the partner lived there too and they remain living together, can the ex-tenant say she has all those outgoings herself (given there are two incomes)
any info would be greatly appreciated

[Cassandra]

Hi Nik


This info may help you: http://www.justice.govt.nz/fines/civ...or-examination

"At the hearing you will have the opportunity to ask the debtor questions, so come along prepared with any information you have about their ability to pay. You should also bring a bank deposit slip with you. Often the debtor is ordered to start making payments to you and they need your bank account details to be able to set this up.

If the Court assesses they are unable to pay, no order will be made. When you believe the person’s circumstances have changed or if you find out new information, you can re-apply to the Court for another Order for Examination hearing"

Only the named debtor as per the TT order will be examined.

[Perry]

If there's a list of expenses, examine
it carefully. One I've seen had a phone
bill expense @ $40 per week. It went
unchallenged by court functionaries.

As I recall, at that time, a month's
(land line) phone bill was circa $45.
.

[Keys]

There's nothing you can do except accept the lies.

[One]

Have you dobbed this creep in for benefit fraud?

[TheLiberalLeft]

Or more to the point, have you told him you'll dob him in if he doesn't cough up?

[Perry]

Remember that the W'gton woodenheads do not care one bit
about private debt recovery actions or related matters. A fine?
Well, that helps pay for spouses subsidised air travel, ex-MPs
perks and such, so that's quite a different matter.

That same attitude filters down to the Court/InJustice system.
.

[NIK]

I got way too excited, they were unable to serve her with the OE as she has moved on, no forwarding address............
so now I have to become a pi to try to track her down any ideas what works best/fastest????

[graemeh]

Do you have her car registration details (reg no and expiry date)? You can go to the post office just after it expires and see if they have a new address.

[NIK]

i guess she is too smart for that, still listed old address (1 car has still my property details )
so no update on address I guess she knows the system too well
will pay a visit to her case worker at WINZ...........

[graemeh]

will pay a visit to her case worker at WINZ...........

I thought there was a process where the court could get her address from WINZ?

[NIK]

what is that process? I was told it is not for TT orders/chasing ex tenants, because she is a beneficiary the DHB didn't think disclosing her new address would be ok....
winz say they can't discuss their 'clients' private matters
also said that just because soemeone gets an accommodation supplement (as a single mother) and lives with her partner and doesn't pay the rent it doesn't mean they have to pay the rent, they get the supplement to help them meet the cost of accommodation but what they do with the money they legally qualify for is up to them..............

[User Name]

dub dub dub dot dbh.govt.nz/UserFiles/File/Publications/Tenancy/pdf/application-for-contact-information.pdf

[NIK]

thanks, I have used the form and got a reply since she is a beneficiary blah blah blah basically they can't disclose that information
tried address for service (relative of hers who simply claimed she has not seen her for months - we know it is not true, but what can one do???)
any other ideas anyone (please keep them clean and legal) ---

[Keys]

thanks, I have used the form and got a reply since she is a beneficiary blah blah blah basically they can't disclose that information
tried address for service (relative of hers who simply claimed she has not seen her for months - we know it is not true, but what can one do???)
any other ideas anyone (please keep them clean and legal) ---

Use the release of address information form. Have the address given to the courts, not you. It works. The hard bit is getting them to admit they have some money to pay.