RECOVERY OF DEBTS.

Hauraki Plains Gazette, Volume XXXIV, Issue 4640, 19 December 1923, Page 4

RECOVERY OF DEBTS.

ATTACHMENT ORDERS DEPRECATED. IMPORTANT WAIHI CASE. A matter of interest and of some importance to tradespeople was ventilated at the Waihi Magistrate's Court last week. For years past it has been the practice of judgment creditors when debtors will not make a reasonable effort to pay their debts to obtain from the magistrate an order for the attachment of contract money or wages coming to the debtor from his employer. By this procedure payment has often been obtained more readily from a troublesome delator than by any other course. The magistrate has now deprecated -this procedure, and the case which brought about His Worship's comments was in connection with an action brought by a local tradesman (states the Waihi paper) against JR. Norris from the Waihi G.M. Co. It was stated by Mr E. W. Porritt, representing the judgment creditor, and admitted by Norris, that judgments had recently been obtained against the defendant. Counsel also stated that defendant had not mad? a reasonable effort to meet his liabilities. The magistrate considered that the facts disclosed that the defendant codld and should have paid the debt. He had, however, decided not to allow the attachment of wages, except in very special cases, and he thought that a judgment summons under the Imprisonment for Debt Limitation Act would meet the case,. Had the procedure been under 'this. Act he (Mi* Salmon) would have made an order for imprisonmnet in default of payment. The position as affecting business people now is that in their own interests they should curtail the ciedit system, since the quickest and most effective method of obtaining payment from a recalcitrant debtor is not always open to them. Tn the case of Norris the amount of the debt, about £l4, had already been paid into court, and, in accordance with the magistrate’s decision, the money was refunded to defendant.