I want to know if worth my while seeking legal aid to take civil action for $40K? NZ. Filed police complaint over a year

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Customer: I want to know if worth my while seeking legal aid to take civil action for $40K ?
JA: What state are you in? It matters because laws vary by location.
Customer: NZ
JA: What steps have you taken so far?
Customer: Filed police complaint over a year ago but they decided not to pursue.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It was a verbal agreement between myself and a flatmate. I have texts and voice recordings of him promising to repay me but not one cent. It was a personal loan to him in exchange for a home.
Answered by Chris The Lawyer in 33 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

You could get legal aid to pursue this by summary judgment and which is an effective way to get this resolved

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Chris The Lawyer, Expert

Do you need help finding a lawyer who could act on this?

Customer
please. But not sure if he has much money left - can I find out early on if worth pursuing him ?
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Chris The Lawyer, Expert

Did he buy a home with your loan?

Customer
He said he bought a house in Hamilton and a section in Te Aroha (both I viewed and chose) but turns out he lied about both. Said he owns a big motor home etc. , brother runs family farm in Huntly, has safe deposit box etc., but not sure if any of it true.
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Chris The Lawyer, Expert

I think get a judgment and then tell him he will be bankrupted unless he pays

Customer
Don't think that will be a deterrent to him but we could do that. He was director of Kiwi Hayshed but that is not listed as a company anymore. He is sneaky and will know how to hide any money if he has it.
Customer
how do we go about getting a judgement and what will it cost me ?
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Chris The Lawyer, Expert

The first step would be to apply for legal aid through your lawyer, and if you are on legal aid you can ask for the filing fees to be waived. However you will have 2 repay legal aid if you get any money out of the judgment.

Customer
only have to repay legal aid if get a settlement in my favour ? How do I apply for legal aid and what is the income threshhold ? I work fulltime but not big income and no savings.
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Chris The Lawyer, Expert

The contribution to legal aid will depend on your resources, but if you have nothing they may not want anything. Your legal aid lawyer will complete the form to help. What is your income-I will be able to advise if you qualify

Customer
Just under $55k pa.
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Chris The Lawyer, Expert

Do you have dependents such as children?

Customer
No.
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Chris The Lawyer, Expert

The threshold for legal aid is well under that unfortunately. You may be able to ask a lawyer to act on the basis of getting paid from the proceeds

Customer
Haha. Any lawyer willing to do that ? Please name one and I
Customer
I'll ask them
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Chris The Lawyer, Expert

Off the site I may be able to help, on the basis you pay the court filing fees, which are $350 for the summary judgment court fees

Customer
Hmmm. $350 and no guarantees...can't afford to waste money.
Customer
He's 64 so probably not working (officially).
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Chris The Lawyer, Expert

You could attach his benefit but that would mean small payments over a long period.

Customer
I think better for my mental health I don't pursue and hope karma exists....Been stressful for years already. I'll think about it. Thanks.
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Chris The Lawyer, Expert

Ok

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