I don't have access to a lot of information for the debtor. How can I get this?
I have been told that civil enforcement is a 'Creditor Driven Process', what does this mean?
Why am I no longer receiving payments from the judgment debtor?
A debt is owed, but the debtor is now bankrupt, how can I recover the debt?
Do I have to attend civil enforcement hearings in person?
There are multiple applications that can assist in acquiring information that the Ministry can use to make an order.
If you are aware of a contact phone number for the judgment debtor, you may want to consider an assessment of financial means.
If you are not aware of the debtor's phone number but are aware of their current address, you may want to consider a financial assessment hearing.
If you don't have access to the debtor's phone number or address, you may want to consider applying for a confidential address information request.
This means that civil enforcement is based off the applications and related information provided by you as a creditor. The Ministry of Justice cannot advise you on which enforcement option to choose and does not enforce or action any enforcement without an application being filed.
There are various reasons the payment of a civil debt may stop.
These include:
If the debt incurred after the debtor is bankrupt, all civil enforcement will cease. However, you may want to consider applying for a Warrant to Seize(external link). A Warrant to Seize can be issued against a debtor even when they are bankrupt, as they may still have assets.
The insolvency register is used to confirm whether the debtor has been declared bankrupt and is still under statutory management: Search Insolvency register(external link)
You can contact New Zealand Insolvency and Trustee Service to discuss your options: Contact us | Insolvency and Trustee Service(external link)
As a creditor, you can attend a financial assessment hearing and it is generally advised to do so.
You are not able to attend an assessment of financial means hearing.