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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22422
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a landlord in North Auckland. On Feb 25 my past tenants

Customer Question

I am a landlord in North Auckland. On Feb 25 my past tenants took me to a hearing before the Tenancy Tribunal. I was found guilty by the Adjudicator and ordered to pay a fine $930. The fine marked for immidate payment.
Landlords may be considered as ‘rich’ by some, however I am not. I am willing to pay $930 to the creditor in a series of $100 weekly payments. This has been refused and the Creditor who has said that they will place the debt in the hands of a collection agency.
I have thought about going before the Ministry of Justice Collection Unit through the Kaikohe court. I would be hoping that they would accept my need for a $100 per week payment rather than the one off $930. I have all the forms and am able to provide the financial information they require.
Questions:
1. If the Ministry of Justice rule in my favour will that bind the Creditor as well?
2. Inspire of the Ministry ruling could the Creditor still employ the debt collectors to uplift our possessions?
3. What else do I need to know?
Thank you
Geoff Williams
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

In this situation, rather than wait for the tenant to take steps, I would go into the court at Kaikohe and just start making the payments. It generally takes a few weeks to take steps to enforce, and by then you will be well on the way to payment in full. They can't stop you making the payments on account and this will likely discourage them from taking steps. The bailiff would not take steps to seize goods while there was a pattern of payment. However the first step to enforcement is an examination, and so if you have paid some on account the collections officer will just make an order that you continue at your present payments.

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