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nathan

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#142424 12-Mar-2014 14:34
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anyone have any experience using District Court to lodge a civil claim for an unpaid loan?

Did you file the papers yourself or pay a lawyer to do it?

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mattwnz
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  #1004289 12-Mar-2014 14:39
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Disputes tribunal? Or is it too large for that?

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Klipspringer
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  #1004299 12-Mar-2014 14:47
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lokhor
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  #1004300 12-Mar-2014 14:48
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You should never loan money to a friend, only give gifts. 




All comments are my own opinion, and not that of my employer unless explicitly stated.




nathan

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  #1004311 12-Mar-2014 14:49
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lokhor: You should never loan money to a friend, only give gifts. 



great, thanks for that

nathan

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  #1004312 12-Mar-2014 14:49
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mattwnz: Disputes tribunal? Or is it too large for that?


yes its too large

MikeB4
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  #1004321 12-Mar-2014 15:02
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The District Court will be able to advise e the procedure and of course provide the needed documentation, however if the amount is above the Tribunal limit I think it would be prudent to seek legal advice from a lawyer

Zippity
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  #1004325 12-Mar-2014 15:09
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Talk to your lawyer who hopefully will talk to your friend and/or his lawyer.

Good Luck.

I have been through what you are experiencing. It is no fun.



Geektastic
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  #1004342 12-Mar-2014 15:30
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I hope you have a written agreement....





richms
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  #1004368 12-Mar-2014 16:00
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I saw this on judge Judy once. Was clear that it ruined the friendship. Made for entertaining tv tho.




Richard rich.ms

nathan

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  #1004370 12-Mar-2014 16:01
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lesson learned. don't help a friend out with money

ubergeeknz
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  #1004379 12-Mar-2014 16:12
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One of life's hardest lessons is learning the difference between helping and enabling.

mattwnz
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  #1004390 12-Mar-2014 16:33
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IANAL. However do you have a written agreement, or can show that they did get the money from you. That is likely the first thing a lawyer will ask for. My dad even got my brother to sign an agreement when he loaned him some money, just for that evidence incase something went wrong.
The problem is, if you take it to court, the real winners will likely be the lawyers in fees. And if the person you are taking to court doesn't have the money to pay you, he could potentially declare themselves bankrupt. So it is always good to get it settled out of court in mediation. You don't want to throw good money after bad. So you do need to get legal advice about this. Maybe start at the CAB.

JimmyH
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  #1004518 12-Mar-2014 19:43
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If the sum is large consult your lawyer to discuss your situation and options. An initial consultation should be relatively cheap (low hundreds?) and worth doing if a significant sum is at stake. You don't want to lose just because you messed up the procedure. You also don't want to waste thousands on lawyers and court fees unless there is a reasonable chance of success.

macuser
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  #1004542 12-Mar-2014 20:35
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So that's where all those Surface Pro 2's have been.  All jokes aside good luck.  One website I looked at earlier today said it was less than $100 to go to district court, plus lawyer fees.  Though as said above the potential risk is that the person will just go into bankruptcy, which adds additional complications to recovering your debt.  If the person is co-operating but just can not afford to pay you back when they first agreed, try to create a payment plan with interest that is agreed by both parties.  

 

You could find out about similar consequences people have suffered by not paying the debt back (goods reposessed, community service + paying back the debt and all fees needed to recover it) and let them know that if they do not begin to pay back the debt at a rate agreed upon, that the matter will go to District Court where they will be legally forced to comply.

 

I imagine you've probably done all these things.  Here is a link that tells you how civil debt works http://www.justice.govt.nz/fines/civil-debt/paying-your-civil-debt

 

 

gundar
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  #1004698 13-Mar-2014 09:35
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I took somebody through Baycorp last year, they charge $60 to initiate the process and 25% of recovered funds as a fee. It was painless and they know how to write very threatening letters. They also advised me how to write contracts for future trust issues I may have.

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