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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22166
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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ChrisFurther to the ongoing saga of payment for

Customer Question

Hi ChrisFurther to the ongoing saga of payment for outstanding arrears, a judgment has been made against us. Based on your previous answer, they can enforce this judgment but a court collections officer will determine what we can / cannot afford to pay in this instance. My question is do I wait for them to proceed to this stage or do I approach the court collections officer.
Think not but just checking.Thanks in anticipation.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
The process is that if they get you to attend to be examined as to your ability to pay, then the court collections officer will make a decision on this. They do have other options including bankruptcy still, but if there is an order for payment they cannot then bankrupt you. They can also seek an attachment order on wages for the amount set by the collections officer
Customer: replied 6 months ago.
Can I request to attend to be examined as to ability to pay? Is the wages thing in relation to the collections officers time or lawyers? I don't quite get that. Ive already all but wound the company the process of doing so one jump ahead in that respect. Thanks Chris.
Expert:  Chris The Lawyer replied 6 months ago.
You have to be present in person for the examination so you do get to explain your position to the collections officer. If after the examination it shows you can pay something then the collections officer can make an attchment order on wages but if you dont have any income, then no order can be made

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