Written by Shane
Created: 14 November 2016
The Court receives applications all the time to “Attach” either the WINZ benefit or the wages of a debtor person (judgment debtor) to repay by instalments the debt amount that is owed.
Usually, when an Attachment Order is applied for through the District Court the judgment debtor is either receiving wages from their employer or Government assistance through WINZ.
So what happens if you apply for an Attachment Order and at the time of applying the judgment debtor was working as a full time employee and receiving a wage and then through a change in circumstances, is no longer employed as a full time employee and starts receiving a WINZ benefit.
The Attachment Order served upon the judgment debtor’s employer will of course stop, because the judgment debtor is no longer employed.
So how do you, the judgment creditor, ensure that you continue to be paid.
The District Court is most helpful in this regard and allows the judgment creditor to apply to Vary, Cancel or Suspend an Attachment Order.
There is no filing fee payable for the application.
What information is required to file an application to Vary, Cancel or Suspend an Attachment Order.
If the judgment debtor has gone from receiving wages to receiving a WINZ benefit, the Court will require:
1. The judgment debtors WINZ number or Date of Birth or both if you have them;
2. The judgment debtors full name and address.
If the judgment debtor has gone from receiving a WINZ benefit to receiving wages from an employer the Court will require:
1. The judgment debtors IRD number or Date of Birth or both if you have them;
2. The name of the judgment debtors employer and address; and
3. The judgment debtors full name and address.
This is not legal advice. Do not act upon anything contained in this article without first seeking and obtaining independent legal advice.