✨ Legal Forms for Judgment Summons
JUNE 1.] THE NEW ZEALAND GAZETTE. 1847
[Debt Form 17.
JUDGMENT SUMMONS ON ORDER OR JUDGMENT OF A COURT REMOVED BY CERTIFICATE.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates' Courts Act, 1908.
[No. of judgment summons: /19]
In the Magistrate's Court holden at
Between __ , of [Address and description], plaintiff, and __ , of [Present address, description, and, if known, place of employment], defendant.
WHEREAS the plaintiff obtained a judgment against you, the above-named defendant, in the
Court of __ , holden at __ , on the __ day of __ , 19 ___, for the sum of £ __ :
[Or, Whereas by a decree (or order) made by the __ Court of __ , holden at __ , on the __ day of __ , 19 ___, you, the above-named defendant, were ordered to pay to the plaintiff the sum of £ __ :]
And whereas the said judgment [or order] was removed into this Court by certificate of judgment dated the __ day of __ , 19 __ :
And whereas it appears you have made default in payment of the sum payable in pursuance of the said judgment [or decree, or order], and that there is now due and owing thereunder to the plaintiff the sum of £ __ :
You are therefore hereby summoned to appear personally at the Magistrate's Court at [Place where Court held], on the __ day of __ , 19 ___, at the hour of __ in the __ noon, to be examined on oath by the Court as to whether [Strike out paragraph No. 1 or 2 so as to follow application]-
(1.) After providing for the reasonable maintenance of yourself and your family you have not since the date of the judgment [or decree, or order] had sufficient money to pay the debt; or
(2.) You have not since the date of the order to pay the debt by instalments had sufficient money to pay the instalments so due; or
(3.) [_If fraud is alleged it must be specifically stated as in the application for judgment summons]; and also to show cause why you should not be committed to prison for such default.
Given under my hand, and the seal of the Court, this __ day of __ , 19 __ .
__ , Clerk of the Court.
Amount of judgment [or order] remaining due __ £ s. d.
Cost of this summons __
Total sum due __ £
I, __ Bailiff of the Magistrate's Court at __ , do swear that I duly served the within-named with a summons, a true copy of which is written within, by delivering the same to him personally at __ , on the __ day of __ , 19 __ .
Sworn at __ , this __ day of __ , 19 ___, before me, __ , a Justice of the Peace for New Zealand [or Clerk of Court, or Solicitor].
[Debt Form 18.
JUDGMENT SUMMONS ON AN ORDER OR JUDGMENT WHEN ORIGINAL JUDGMENT VARIED TO PAYMENT BY INSTALMENT.
The Imprisonment for Debt Limitation Act, 1908, and the Magistrates' Courts Act, 1908.
No. of plaint: /19 No. of judgment summons: /19
In the Magistrate's Court holden at
Between __ , of [Address and description], plaintiff, and __ , of [Present address and description, and, if known, place of employment], defendant.
WHEREAS the plaintiff obtained a judgment [or, if no judgment has been obtained, or if a fresh order has been obtained upon a judgment, an order] against you, the above-named defendant, in the Magistrate's Court holden at __ , on the __ day of __ , 19 ___, for the payment of £ __ for debt [or damages] and costs, and subsequent costs have been incurred in pursuance thereof amounting to £ __ :
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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
⚖️
Judgment Summons on an Order or Judgment of a Court Removed by Certificate
(continued from previous page)
⚖️ Justice & Law EnforcementJudgment Summons, Debt, Magistrates' Courts, Legal Form, Certificate
⚖️ Judgment Summons on an Order or Judgment When Original Judgment Varied to Payment by Instalment
⚖️ Justice & Law EnforcementJudgment Summons, Debt, Magistrates' Courts, Legal Form, Instalment