✨ Judgment Summons Forms
June 1.] THE NEW ZEALAND GAZETTE. 1841
[Debt Form 4.
APPLICATION FOR JUDGMENT SUMMONS UNDER SECTION 139 OF THE MAGISTRATES’ COURTS ACT, 1908.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.
In the Magistrate’s Court held at
Between , of [Address and description], plaintiff, and , of [Address and description], defendant.
I APPLY for the issue of a judgment summons against the said defendant in respect of a judgment [or order, or decree] of this Court [or of (Here set forth the style or other sufficient description of the Court which gave the judgment or made the order or decree)] given [or made] on the day of 19 , for £ , inclusive of costs, on the grounds—
- That I have just reason to believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment had sufficient money to pay the debt ; or
- That I have just reason to believe that the defendant has since the date of the order to pay the debt by instalments had sufficient money to pay the instalment due [State date of instalment or as the case may be].
- And I undertake to prove to the satisfaction of the Court at the hearing that the debt [Set out specifically grounds of fraud if alleged].
I desire that the said summons be heard in the Magistrate’s Court at
And I am aware that if no order is made I shall have to pay the cost of this summons.
Witness to signature : , Plaintiff [or Agent for Plaintiff].
[Debt Form 5.
APPLICATION FOR JUDGMENT SUMMONS ON JUDGMENT REMOVED BY CERTIFICATE.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.
In the Magistrate’s Court held at
Between , of [Address and description], plaintiff, and , of [Address and description], defendant.
I APPLY for the issue of a judgment summons against the said defendant in respect of a judgment [or order, or decree] of the Court [or of (Here set forth the style or other sufficient description of the Court which gave the judgment or made the order or decree)] given [or made] on the day of 19 , for £ , and removed into this Court by certificate of judgment on the day of , 19 , on the grounds—
- That I have just reason to believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment had sufficient money to pay the debt ; or
- That I have just reason to believe that the defendant has since the date of the order to pay the debt by instalments had sufficient money to pay the instalment due [State date of instalment or as the case may be].
- And I undertake to prove to the satisfaction of the Court at the hearing that the debt [Set out specifically grounds of fraud if alleged].
And I am aware that if no order is made I shall have to pay the cost of this summons.
Witness to signature : , Plaintiff [or Agent for Plaintiff].
[Debt Form 6.
APPLICATION FOR JUDGMENT SUMMONS WHEN ORIGINAL JUDGMENT ALTERED.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates’ Courts Act, 1908.
In the Magistrate’s Court held at
Between , of [Address and description], plaintiff, and , of [Address and description], defendant.
I APPLY for the issue of a judgment summons against the said defendant in respect of an order [or decree] of this Court made on the day of , 19 , whereby the judgment [or order] of the Court made or given on the day of , 19 , was altered to an order for payment of the said debt by instalments of £ on the day of , on the grounds—
- That default has been made in the payment of the said instalment due on the [State date of instalment].
- That I have just reason to believe that the defendant, after providing for the reasonable maintenance of himself and his family, has since the date of the judgment had sufficient money to pay the debt ; or
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1916, No 64
NZLII —
NZ Gazette 1916, No 64
✨ LLM interpretation of page content
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Application for Judgment Summons for Instalment Payments Form
(continued from previous page)
⚖️ Justice & Law EnforcementJudgment Summons, Application, Instalment Payments, Magistrates' Courts, Debt, Form
⚖️ Application for Judgment Summons on Judgment Removed by Certificate
⚖️ Justice & Law EnforcementJudgment Summons, Application, Certificate, Magistrates' Courts, Debt, Form
⚖️ Application for Judgment Summons When Original Judgment Altered
⚖️ Justice & Law EnforcementJudgment Summons, Application, Altered Judgment, Magistrates' Courts, Debt, Form