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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19021
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A Christchurch-based ex-business partner, who defrauded me

Resolved Question:

A Christchurch-based ex-business partner, who defrauded me out of approximately $1,500,000, is now attempting to sell his home through a broker, and take the proceeds overseas.

I would like to get a lawyer to write him a demand letter, which I can also send to the real estate broker, to put a stop to the sale of the house until after my claim is settled.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : If you have a strong case for recovery of your money then you could apply to the High Court for a freezing order on the property, to restrain the sale. Without an order there would be no reason why the person or the broker should hold off selling. They will likely just ignore you.
christhelawyer : A demand letter does not have any real meaning in terms of stopping him. It is just a letter and has no legal force.
Customer:

There is significant evidence. What is the approximate cost and time required? The house is on the market and it could be sold at any time, so time is critical.

Customer:

also, do any lawyers in NZ work on contingency? The last NZ lawsuit I was involved in, the lawyer merely ran up the clock, and came up with encouraging predictions, but after running up $40,000 in fees, he passed it on to a colleague because he "got busy with another case".

christhelawyer : Some do work on contingency, usually requiring the court fees to be paid as part of this.
Customer:

There is significant evidence. What is the approximate cost and time required? The house is on the market and it could be sold at any time, so time is critical.

christhelawyer : A freezing order can be obtained fairly quickly if the evidence is strong. I expect a freezing order would cost in the vicinity of $8 -10,000
christhelawyer : By quickly I mean a few days, but that is dependent on the evidence being readily available.
Customer:

That sounds really high. Is that $8,000-$10,000 for legal fees or court costs or both? Is that only for the freezing order or for complete filing of the case?

christhelawyer : That would be to get the freezing order. I expect once you have that secured then the defendant will want to talk and reach a settlement, but if this is a strong ca you would then move to summary judgement I expect.
christhelawyer : *case
christhelawyer : This is based on my experience of the costs. The court fling fees would be about $2000.
Customer: Last question:
Customer: what would it cost to start with you writing a letter demanding payment?
christhelawyer : I can refer you to someone, but we cannot take work from this site
Customer:

If you can refer me to someone to write the letter, that would be great.

Customer:

How much do they typically charge just to write the letter at first?

christhelawyer :

That would be fairly modest I think-i think a few hundred at the most. Perhaps a Wellington lawyer-Ord Legal atXXX@XXXXXX.XXX, who is a very experienced lawyer with moderate fees

Customer:

Thank you!

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19021
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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