We won a civil case from disputes tribunal to collect our bond back from our head tenant. Auckland He is self-employed

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Customer: We won a civil case from disputes tribunal to collect our bond back from our head tenant
JA: What state are you in? It matters because laws vary by location.
Customer: Auckland He is self-employed and we were advised that it will be difficult for us to collect this guy also has a pending criminal case with my partner and he was imprisoned for that this guy lawyered up and then wanted to pay only if my partner signs an agreement with regards ***** ***** other case so we refused
JA: What steps have you taken so far?
Customer: Im not sure if that guy is on benefit or what but I dont know his birthday we havent done anything so far yet but just refused to sign with their agreement
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he filed a rehearing for the tribunal but was declined
Answered by Chris The Lawyer in 11 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

You can still take enforcement action through the District Court to make him pay. The criminal case does not affect his liability to pay however.

Here is a link for enforcement in the District Court

https://www.justice.govt.nz/fines/about-civil-debt/

I suggest you look at the site and then ask if you need further explanation

Customer
What should be the best option as he is self-employed and on house arrest?
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Chris The Lawyer, Expert

How much does he owe? That can have some influence on the best option

Customer
our bond money roughly $1100
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Chris The Lawyer, Expert

You should start with the notice to complete financial statement and from there you might want to get an attachment notice against his bank accounts.

Customer
is that better?
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Chris The Lawyer, Expert

You need to get information about his financial circumstances before you can move to enforcement

Customer
ok thanks
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Chris The Lawyer, Expert

If you know that he owns specific property then you can apply for a warrant to seize property

Customer
He is supported by his family, he only does online reselling before and receives cash when we live in the same apartment. His family even got him a lawyer for the criminal case because they wanted to lower his sentence for the assault he did to my husband.
Customer
The police asked my husband to sign an agreement then he will return the bond, but when we asked for apology and written agreement for our safety he refused to do it so my husband declined any agreement as well.
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Chris The Lawyer, Expert

It can come down to how much money you want to spend on chasing him. If he is self-employed, then he won't want to go bankrupt. As a creditor you can apply for his bankruptcy but you would need to pay a lawyer to prepare the bankruptcy notice and application for bankruptcy, although you can collect those costs as part of the bankruptcy process.

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