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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22984
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I sold a second hand float one year ago at $50 dollars a week

Customer Question

i sold a second hand float one year ago at $50 dollars a week until fully paid but have not received any payments since January 2015. how do i claim it back? Thanks Julia
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
If you had a formal contract with a right to repossession you would have the right to make demand for the outstanding amount, and in default, repossess the float on giving proper notice. I expect however that this was an informal arrangement, and you therefore do not have the right to repossess unless you have contractually agreed such a term. In that case you should send a formal letter of demand, and if she does not pay, then you have two options. If she has a dispute about payment, then you can go to the Disputes Tribunal which is quick and informal, and where you would get an order requiring her to pay. If there is no dispute, then you would have to file a claim in the District Court. You could do this yourself although many find it is easier to ask a lawyer to prepare the papers, and you can then also claim the costs of the lawyer. If she takes no steps, then you can enter a judgment against her. If you get a judgment in the District Court or the Disputes Tribunal you could then get a distress warrant and ask the bailiff at the court to get the float.