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Thread: Bad debt to private individual

  1. #1
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    11

    Default Bad debt to private individual

    If anyone has some experience or knowledge of debt collection across borders, please advise on this situation:

    My sister moved to NZ from South Africa 18 months ago - she owes an ex-boyfriend in South Africa the equivalent of approx. $30 000 - they have a signed acknowledgement of debt drawn up by the ex. Long story but... The money was initially borrowed to purchase a business some years back and it turns out the ex had scammed my sister into purchasing the business to help out a friend of his.
    Bottom line - there's a signed AOD saying my sister owes this guy $30 000, she's unwilling (and unable) to pay. She hasn't made any payments for 18 months, and he hasn't bothered her until now... He's emailing wanting hefty repayments.
    What are his options? Obviously he'd be able to hire a debt collector if he wanted to - but it'd cost him a lot.
    Is there any way that he could manage to attach her assets (just 1x car worth $3000) through the NZ courts? or get some kind of judgement against her income?

  2. #2
    Join Date
    Aug 2013
    Location
    Hawke's Bay -New Zealand
    Posts
    526

    Default

    If he takes her to court, with there being a signed acknowledgment of the debt, she would be liable. A judgement against her income is a distinct possibility/probability.

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