MODES OF DEBT DUNS.

Dominion, Volume 6, Issue 1778, 17 June 1913, Page 6

MODES OF DEBT DUNS.

MISSIVES TO DEBTORS. RESEMBLANCE TO LAW FORMB.

ONE MAN FINED,

(By Telegraph.—Press Association.) Auckland, June 1(5. Tho use by ft debt-collector of a docnment having somewhat the appearance of a legal instrument was the subject of a case brought by tho Auckland Law Society in the Magistrate's Court this morning against William Theodore fitting, carrying on business as the "Universal Mercantile Agency." Mr. J. R. Heed, K.C., appeared for the Law Society, and Mr. J. J l . Pillion for the defendant. ' Mr. Reed explained that the aption] wa9 brought under Section 1 of the Police Offences Act, which provided a penalty of not more than ,£lO against any person sending (through the post or otherwise) any document which was likely to convey to any pers<ni igmorant of the law that it was a sten to legal proceedings. Mr. Pullen intimated that defendant admitted that ho had made use of the document, eo that tho case was merely one for argument. Mr. Heed said that tho document had been forwarded to a Mrs. J. M'Donald by defendant ,on behalf of W. H. Woollame. chemist. Mrs. M'Dotnald (who claimed that she had paid the money) was under the impression that tho document had legal effect, and put it into the hands of her solicitor, Mr. Brookfield, who handed It to the Law Society. " . The document (produced) was on foolscap size paper, printed in red and black, and was headed: "Final _ notice before suit." It comroaticed: "District of Auckland, Dominion of New Zealand. Woollams, W. H., plaintiff, v. M'Donald, J. (Mrs.) defendant. To tih'o above-named defendant: First, J™ will please take notice that the above-named plaintiff claims that you are indebted to him m the sum," etc., n.nd concluded with a statement in formal terms that unless the debtor remitted or appeared at the office of the Universal Mercantile Agency before a oertailn hour on. a certain day, tepft] action would be token. It was signed "Universal Mercantile Agency. - Mr. Pullen explained that defendant was a student of an American debt-collect-ing organisation l , which sent out a number ofmodel forms of notices. The document in question wa,s one of these, and was widely used in tho United States and New Zealand. He was not allowed by the Act (said counsel) to prove that the recipient was not deceived by it. but defendant mmld swear that ho did not use it with any deceptivo intent. Ho added that, defendant ceased using the document-three months ago, as soon as he knew that proceedings were being taken. Mr. Reed: Tho eociety has taken- np this oase, your Worship, as large numbers of such documents are being sent out to poor people, but they very seldom come under the notice of tho legal profession. Defendant was called, and stated that he took the document on trust nB it was supplied to him by one of the leading American mercantile agencies. Tho Magistrate (Mr. kettle) remarked that tho dooument might be legal jn the United' States, but -not m .New Zealand. Ho would assume that defendant did not intend to deceive, but thero was no doubt that tho documont was of tho sort against which tho clause of the Act was directed. He had Tereived a number of similar documents, which he had forwarded to the Justice Department. Ho would impose a moderate penalty of 20s. and J but subsequent cases would be dealt with more severely.