My daughter has assisted her flatmate with a finance loan of $12k which is documented between them both. The

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Customer: My daughter has assisted her flatmate with a finance loan of $12k which is documented between them both. The understanding was it was to be repaid by now and no payments have been made
JA: What state is your daughter in? It matters because laws vary by location.
Customer: She is post brain surgery and has only returned to work in a part-time capacity, she has Cushings disease
JA: What steps has she taken so far?
Customer: It is documented and both parties and I had agreed payment would be made by yesterday. It has not been paid or partially paid
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My daughter has used her only asset her car as collateral. She has no funds to pay for legal advice interest payments has taken all of her small wages
Answered by Chris The Lawyer in 4 mins 1 year 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

Customer
Thanks
Customer
By message is fine
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Chris The Lawyer, Expert

If her flatmate has failed to make payments she will need to bring a claim in the District Court and get a judgment against them. With the judgment she can then get an order deducting money from the flatmates wages

Customer
What if he's not working
Customer
He is in between jobs and has taken full advantage of her mental state. She has medical expenses that can't be paid and the stress of the situation has meant she's been unable to attend her job regularly also
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Chris The Lawyer, Expert

It is possible to seize any assets he may have and she could get an order against a WINZ benefit

Customer
How are assets seized, what is the process
Customer
Can she be assigned a free lawyer in NZ
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Chris The Lawyer, Expert

I think he has taken advantage of her vulnerability and perhaps someone needs to talk to him face to face. This looks almost criminal.

if she has a judgment she can get a court warrant for the bailiff to arise his goods, provided he has some things.

she would likely qualify for legal aid

Customer
to get to that step she needs to file with the district court?
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Chris The Lawyer, Expert

Yes, she would. If this is not disputed she cannot take this to the Disputes Tribunal

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