Need Legal advice from someone in the Police force please

[Zapf]

Hello All (Police),
I DESPERATELY need some advice / assistance from someone in the Police force please.

outline as follows. Please scroll to bottom

MODERATORS
I know this is not about biking, but I really need some friendly advice from some members of KB. I would apperciate if you can leave this up.





































I have a client who has decided to cancel their contract because they failed to force a take over of my business.

A contract we had with them was that 3 months notice was required from either party. They are now refusing to give that 3 months notice and also associated payment for services due within that three months. In return I have with held goods they have paid for (supplied by myself & stored in shared storage space between them and us) but not yet installed in lure of the outstanding payment which I would have recieved within the 3 months notice period, with the intention of delivering it when the account is settled.

Now in the mean while they have complained to a local police station, and an officer at the criminal investigations department, has determined that there is no case to be laid. It being a civil matter.

So now they went to the down town police station, and now got a General duty officer on my case, threaterning me with arrest for theft.

What I want to know is.

1.) Can I be charged with theft under this condition?
2.) Can I withhold the goods in lure of payment for other services?
3.) Who should I talk to at the station to get Police off my back?

thanks in advance....

Welcome to PM me or email me on felixt @ orcon .net .nz if you think I should be contacted offsite.

Thanks again.

[GR81]

talk to a lawyer as its a civil matter.
or even talk to the Citizens Advice Bureau.

barring that... shotgun? *cough* :sherlock:

[sefer]

I doubt anyone in the police will be able to tell you much to do with that matter, as they tend to know little about contractual law, you need a lawyer. I suggest you start here however:

http://consumeraffairs.govt.nz/consumerinfo/liens.html

However a lien may not apply in your case (perticularly if they are goods that have been payed for), you are aware of the details, so I'm sure you can work out if this is the case or not.
As far as I am aware the only way you can legally hold onto goods for payment is to place a lien on them, having been in the service business myself I can tell you it's not a great option however, as rarely are the held good worth enough in auction to cover costs. If all else fails it does recover some money however.

[Stevo]

If they owe you money and it is less than $10,000 then I understand you can take it to the small claims court. If it is more than 20,000 then you can take it to the high court. If you are in between then you are in shit street as my folks were a couple of years ago, cos you have nowhere to go.
I suggest seeing your lawyer. They will quickly fix the prob with the local police. As soon as lawyers are involved police will get out as fast as possible.

[onearmedbandit]

Thread has been moved to Rant or rave. Post in the correct forum please.

[Winston001]

So now they went to the down town police station, and now got a General duty officer on my case, threaterning me with arrest for theft.

What I want to know is.

1.) Can I be charged with theft under this condition?
2.) Can I withhold the goods in lure of payment for other services?
3.) Who should I talk to at the station to get Police off my back?

thanks in advance....


1. Intention to permanently deprive the owner of the goods? Not really, so yes you can be charged but shouldn't be convicted. Really, this is a civil matter but you have no colour of right to hold onto the goods. You don't own them anymore.

2. No. By the way it is in "lieu", just for future reference. :D

3. Someone in the Prosecutions section, pointing out that you are only holding the goods to offset money owed to you.

No lien is possible here because the stuff has been paid for.

The Disputes Tribunal (Small Claims) is the place for you. I suggest you contact your local court and also the Community Law office if there is one locally.

[justsomeguy]

Ring up citizens advice bureau.

The closest one to you is located in the library building near the Warehouse complex in Pakuranga.

Library Building, Town Centre, Aylesbury St Pakuranga Auckland
Phone number: 0-9-576 8331

They will be able to point you in the right direction and recommend lawyers too.

There is a 99% chance they will be open on Sat. They also schedule free 15 min chats with lawyers.

Good Luck.

[spudchucka]

Hello All (Police),

1.) Can I be charged with theft under this condition?
2.) Can I withhold the goods in lure of payment for other services?
3.) Who should I talk to at the station to get Police off my back?


1.) Generally speaking the answer is no. It is a civil matter involving contracts that have been broken. You need to see a lawyer and start civil proceedings. There are some circumstances in which you could be liable for theft so you need to get proper advice from a lawyer.

2.) A bit dodgy if the goods you are witholding have been payed for in full by the other party and if the goods in question were not party to the original contract that is currently in dispute. If you are witholding goods that were under contract but have not been payed for in full you should be OK but you need to have started civil proceeedings. Don't dispose of or on sell any disputed property as that may result in you being liable for theft.

3.) Talk to the cop that spoke to you first. If you get no where with him / her then talk to the cops supervisor or the station senior sergeant.