Enforcement of Foreign Judgements
Turner Hopkins has considerable experience and expertise in registering and enforcing foreign Judgments in New Zealand.
The procedure to be adopted will depend on which overseas jurisdiction the Judgment has been obtained and also the Court from which it has been issued. In some cases, the New Zealand Reciprocal Enforcements of Judgment Act will apply allowing a more streamlined and economic approach. In other cases it is necessary to apply to the appropriate New Zealand Court an order domesticating the overseas Judgment. Our clients (including overseas legal advisors) are pleasantly surprised at the relatively modest costs involved.
We are able to offer an especially competitive and efficient service in registering Judgments from Australian jurisdictions pursuant to the recent changes in the Trans Tasman Enforcement of Judgments legislation. Conversely we have excellent relationships with solicitors in Australia and a number of other off shore jurisdictions in order to ensure that our clients are able to pursue Judgments obtained in New Zealand against debtors who have relocated off shore.
We are always happy to provide an estimate as to the likely costs and analysis as to the procedure that could be adopted in each individual case. To do so, it will be necessary to supply to us a copy of the overseas Judgment to be enforced, some details as to the manner in which it was obtained (regularly, after a hearing, by default or irregularly, for example, by way of substituted service).
It will also be necessary to identify the whereabouts of the debtor in New Zealand or a method by which they can be traced. We are happy to provide our preliminary analysis and estimate as to costs at no charge.Get Started →
The main advantage of using a law firm to collect an outstanding debt is that a law firm will act in a highly regulated and professional manner and provide a genuine level of credibility and professionalism to the process of pursuing the outstanding amount. Of particular importance a law firm will generally charge on time and attendance basis (often at a significantly reduced rate based on the volume of work involved) as opposed to a traditional debt recovery firm which will normally charge a very large percentage of the debt for their services. (Debt recovery firms' charges often exceed 20% of the amount recovered!)
It is a common myth that law firms should only be consulted when a very large debt is involved. It can often be worthwhile instructing a law firm to pursue debts for even modest amounts (often no more than $1,000). Of particular relevance is the fact that the court-sanctioned recoverable amount as well as all the disbursement incurred will be added to the debt in the course of the legal action provided by the law firm and therefore, if successful, the debtor will end up paying most or all of the costs incurred in pursing the claim.
A specialised debt recovery unit allows a client to benefit from the significant experience of the lawyers and legal professionals working in that area of practice. In addition, significantly reduced cost structures can lead to real cost savings by clients. Specialisation in this type of work allows us to provide comprehensive reporting keeping clients update (in real time) on all aspects of a file and provide useful return on investment analysis.
The enforcement options most normally exercised are the registration of a charging order (where the judgment debtor owns real estate) bankruptcy and attachment requiring the debtors employer or benefit payer to pay a certain portion of their wages or benefit to the judgment creditor on a weekly or regular in order to satisfy the debt.
Yes, it is quite feasible to pursue judgment debtors who have moved away from New Zealand. Our relationship with law firms in other jurisdictions (including Australia, the United States, Europe and Asia) mean that we can readily assist clients seeking to enforce judgments outside New Zealand.
Debt recovery usually involves breaches of contractual arrangements by a customer or client or debtor who has failed to make payment for goods or services supplied by a client who is the creditor. A very common example is failure by a bank customer to pay their bank loan or credit card debts. Other examples include trade customers failing to pay suppliers or customers of professional service suppliers who have reneged on their commitment to pay for the services they have received.
“John is very easy to talk to, he never makes you feel dumb, and never makes you feel like you are wasting his time for asking questions. He explains everything very clearly, every time. John's support staff are also very efficient and so easy to deal with. No detail is missed when dealing with them. My husband and I are fans of them all :)”~ Jess
“I can't speak highly enough of Jenny. She got everything done in a timely manner and when my ex-husband threw a spanner in the works at the eleventh hour she got the required documentation to his lawyers and settlement back on track.”~ Tracey
“Joy, we cannot thank you enough for your help with our purchase! You have been wonderful to deal with and so proactive (and patient with my numerous emails). We will be visiting NZ in April so will make sure we drop in to thank you in person.”~ Mia
“To Michael Robinson – I wanted to thank you and your colleagues for many years of excellent service to the Bank. You have an outstanding business that has proved to be one of the most reliable and ethical businesses that Collections have dealt with in the almost 9 years I was with the Bank.”~ Head of Collections