Legal Forms for Debt Affidavits




JUNE 1.] THE NEW ZEALAND GAZETTE. 1843

  1. That on the day of , 19 , I [or the said plaintiff] obtained a judgment
    [or order] in the Magistrate’s Court held at , against the above-named defendant for the
    payment of the sum of £ by instalments of [State terms of order made].
  2. That subsequent costs of execution have been incurred amounting to £ .
  3. That the defendant has made default in the payment of the instalment due on the [State default].
  4. That there is due on the said instalments the sum of £ , representing instal-
    ments, ordered to be paid on the respectively.
  5. That I believe that the defendant has since the date of the order to pay the said debt by instal-
    ments had sufficient money to pay the instalment due on the day of , 19 , or
    [If fraud is alleged it must be specified].

, Plaintiff [or Solicitor, or Agent, for Plaintiff].
Sworn at , this day of , 19 , before me, , a Justice of the
Peace for New Zealand [or Clerk of Court, or Solicitor].

———

[Debt Form 10.
AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT, 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, , the above-named plaintiff [or agent for the above-named plaintiff], make oath and say,—

  1. That on the day of , 19 , I, the above-named plaintiff, obtained a judg-
    ment [or order, or decree] in this Court against , the above-named defendant, for the payment
    of the sum of £ , including costs.
  2. That subsequent costs of execution have been incurred amounting to £ .
  3. That the defendant has not paid anything [paid the sum of £ ] in respect of the said
    debt.
  4. That there is still due on the said judgment [or order, or decree] the sum of £ .
  5. That the defendant resides [or carries on business] at , a distance of miles
    from the Magistrate’s Court held at .
  6. That I believe 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 [If fraud is alleged
    it must be specified].

, Plaintiff [or Agent for Plaintiff].
Sworn at , this day of , 19 , before me, , a Justice of the
Peace for New Zealand [or Clerk of Court, or Solicitor].

———

[Debt Form 11.
AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT 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, , the above-named plaintiff [or agent for the above-named plaintiff], make oath and say,—

  1. That on the day of , 19 , I, the above-named plaintiff, obtained a judgment
    [or order, or decree] in [Here set forth the style of the Court in which judgment, decree, or order obtained]
    against , the above-named defendant, for the payment of the sum of £ .
  2. That the said judgment or order was removed by a certificate of judgment into the Magistrate’s
    Court at , on the day of , 19 .
  3. That subsequent costs have been incurred amounting to £ .
  4. That there is still due on the said judgment [or order, or decree] the sum of £ .
  5. That I 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 [If fraud is
    alleged it must be specified].

, Plaintiff, [or Agent for Plaintiff].
Sworn at , this day of , 19 , before me, , a Justice of the
Peace for New Zealand [or Clerk of Court, or Solicitor].



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1916, No 64


NZLII PDF NZ Gazette 1916, No 64





✨ LLM interpretation of page content

⚖️ Affidavit in Support of Judgment Summons Where Money Ordered to be Paid by Instalments (continued from previous page)

⚖️ Justice & Law Enforcement
Affidavit, Judgment Summons, Instalments, Debt, Magistrates' Courts, Form

⚖️ Affidavit Where Judgment Summons is Sought Under Section 139 of the Magistrates’ Courts Act, 1908

⚖️ Justice & Law Enforcement
Affidavit, Judgment Summons, Debt, Magistrates' Courts, Form

⚖️ Affidavit Where Judgment Summons is Sought on Judgment Removed by Certificate

⚖️ Justice & Law Enforcement
Affidavit, Judgment Summons, Debt, Magistrates' Courts, Form