HARASSING DEBTORS.

Dominion, Volume 7, Issue 2143, 8 May 1914, Page 8

HARASSING DEBTORS.

— ——« EARLY JUDGMENT SUMMONSES MAGISTRATE OBJECTS. (By* Telegraph.—Press Association.) Auckland, May 7. In tho Court to-klay, tho Magistrate 1 (Mr. C. C. Kettle) mado somo very ' sharp comment regarding tho practico ( of somo creditors of following up judg- f incuts with an early issue of judgment J summonses. Mr. Mulgan, on behalf of 1 a creditor, applied for an order against a judgment debtor, who, lie said, had 1 promised to be present, but who appar- ? ently could not get away. j At the Magistrate's request, Mr. Mul- c gan rang up tho debtor, and he returned into Court and stated that tho man c said that ho could not come. ( ' Mr. Kettlo: Perhaps lie -cannot get 1 away. There is far too much credit < given. I don't know that tho man is < bound to come. Men get served with ' these summonses, and their masters dn 1 not like them losing time to attend this < Court, and thus they lose timo and per- ( haps their occupations. Judgment ! summonses should not bo issued unless < there is reason to believe that the deb- '' tor can pay something. These sum- 1 monses aro sworn to as a purely formal { matter, whereas there should he eon- 1 scientious reason to believe that the deb- I tor can pay, or else the summons should ' not bo issued. A man might easily loso his job if frequently summoned to 1 Court, which would bo a hardship, es- - pecialiyat this season of the year. Mr. T Kettle then intimated that ho would dismiss tho application. 1 Mr. Mulgan: That is very unfair to 1 the-judgment creditor, your Worship. > Mr. Kettle: You have no right to < make a remark of that sort. Evidently ' tho man cannot come here this morn- 1 ing without losing his work. 1 Mr. Mulgan: There is no evidenoo to : show that. 1 . ' Mr. Kettle: Your statement to m<< 1 showed that the man's employer would 1 not lot him away. ' Mr. Kettle then sent the Court officer 1 to ring up the debtor, and tho latter 1 returned stating the time when the man : could be present. Mr. Kettlo thereupon 1 agreed not to dismiss tho application, . but to hoar" the debtor.