Small Claims Tribunal

[Yossarian]

Good evening folks,

I was wondering if any of you fine people have had experience of going down the Small claims tribunal road?
I got knocked off my VTR250 a month ago after a gobshite failed to give way to me at a roundabout. I've given him that amount of time to come up with the money to pay for the damage done, but he just keeps fobbing me off, (my insurance had run out about three weeks prior...)
Is it worth the time and effort? I have two people who saw the incident and the man that knocked me off, signed a statement at the local cop-shop admitting liability.

Sorry if this has been posted before, can't seem to find a relevent thread.

Thanks for any help.

Yoss.

[HenryDorsetCase]

SHIT YES!!!

get thee to the local court office and file. cost you $50 or so and take it from there.

The slight wrinkle in your theory is that its called the Disputes Tribunal: if he admits liability there is no dispute: having said that, it shouldnt prevent you getting an order, then its enforceable as a court order. all good things.

check out their website: lip dem. lip my stocking (http://www.justice.govt.nz/tribunals/disputes_tribunals.html)

[fridayflash]

how much damage yoss? and how about a 'name and shame'? hehe

[Mom]

SHIT YES!!!



What he said! Absolutely take this person to the disputes tribunal! You need proof of the cost of repairs, a written quote will do the trick. You have witnesses statements? Where are you? I am a bit north of Auckland, Pm me if you want some help putting a claim together.

DO IT!

[Yossarian]

Cheers for your replies,

The 'professional' truck driver went into the left side of my front wheel which made me drop the bike on the right hand side (where the exhaust is). All in all, 1700 bucks worth of damage, with 1200 for the exhaust alone....
I wanted to give this lad the benefit of the doubt, but hes faffing me about and I think a month was long enough to give him, for him to try and make amends.
I got some Bumph regarding the Claims Court from my local cop-shop and will start getting all the relevent information together.

Thanks.

[rocketman1]

I have bit of experience in this feild,
Rule 1 is.. Get your shit together, by that I mean get photos, sworn statements , witness reports, and drawings of what happened.
Sounds like a bit of work , but if you want to win , do your homework.
Even if you think it is black & white case that you are right.
The first time I went I though it was a open & shut case that I would win, found out that the guilty party had done his homework well and the judge awarded a 50/50 deal, pissed me right off, next 2 times I was plenty prepared and did good.

[Motig]

Was he driving a company truck ? If he was would it pay to go to the company and get them to pay the bill, then they can sort it out with their driver.

[MadDuck]

Rule 1 is.. Get your shit together.

This should be rule 2 and rule 3 and rule 4.

Having been to the Disputes Tribunal many many times..... it comes down to the referee on the day and what mood they are in as to the decision that is made - doesnt matter how good your evidence is!

Note the limit on the Tribunal is $7,500 so I am guessing you will fall well within this.

[Sellout]

I found you need to be determined. I ended up going in about 5 times and filling out forms, telling my story again and again... Can be really time consuming and a lot of effort, and yes, homework is definitely the make-or-break!! I was lucky I worked over the road from the court house.

After all that effort, I had the gumby's pay garnished and he paid me off $10 a week for 3 years... grumble grumble... but at least I got my money I s'pose

[Lteejay]

Get your shit together, by that I mean get photos, sworn statements , witness reports, and drawings of what happened.
Sounds like a bit of work , but if you want to win , do your homework.

What he said. Small claims court is all about facts, figures and documentation. You should be sweet as long as you have everything documented and have acted in good faith in regards to contacting him and giving him time for payment.

good luck

[Dave-]

do it, it's great fun!

show up, act all denny crane, he probably wont show, the court hearing is often enough to scare them into submission.

[Boob Johnson]

What he said. Small claims court is all about facts, figures and documentation
What if he is outside of 100km? It can be done over the phone according to the info on the site. How does one provide "documentation" over the phone?

[Gremlin]

the court hearing is often enough to scare them into submission.
yep, had that once with a client, suddenly rang up on a Friday (tribunal set for Monday), two months after trying to chase him to pay, him refusing etc.

He paid in cash, and we made him pay the lodging fee too, he barely bothered to argue about the increase...

As others have said, make sure you have all the facts straight, done all your homework, and it should pay off. On the negative side, it doesn't technically force them to pay, they can still be a right prick, but its just one more step along that road, which you will eventually finish.

[Lteejay]

What if he is outside of 100km? It can be done over the phone according to the info on the site. How does one provide "documentation" over the phone?

Assume you would fax all relevant documentation in. Known several people that have gone through the process, but it has always involved people in the same area.

[Deano]

Even when you win, you still might lose.

I won a case in 2003 and have been chasing the cretin for the money ever since. He has so far paid me $150 out of a $6000 debt.

I've taken him back to court several times for non payment.

He is a career criminal on a sickness benefit - WINZ will not take any of his benefit to pay me because it will reduce his benefit below the 'protected earnings' threshhold.

I've now put a debt collection company onto him and they are getting the run around also.

You can't get blood out of a stone, and it's just as hard getting money out of someone who 'claims' to be broke, but is out every night breaking into your gandmothers house or selling your kids drugs.

Go the Justice system.

[nodrog]

Was he driving a company truck ? If he was would it pay to go to the company and get them to pay the bill, then they can sort it out with their driver.

id be trying this first.

[TimeOut]

It can be a pain sometimes, you can't claim extra expenses we won with a horse but had to deliver it back at our expense.

Can you try telling him that you're going to file a claim, he may pay up now wouldn't that be nice.

[Boob Johnson]

Even when you win, you still might lose.

I won a case in 2003 and have been chasing the cretin for the money ever since. He has so far paid me $150 out of a $6000 debt.

I've taken him back to court several times for non payment.

He is a career criminal on a sickness benefit - WINZ will not take any of his benefit to pay me because it will reduce his benefit below the 'protected earnings' threshhold.

I've now put a debt collection company onto him and they are getting the run around also.

You can't get blood out of a stone, and it's just as hard getting money out of someone who 'claims' to be broke, but is out every night breaking into your gandmothers house or selling your kids drugs.

Go the Justice system.
How on earth did a drop kick like THAT get $6k out of you???

[Deano]

How on earth did a drop kick like THAT get $6k out of you???

He knocked me off my bike. No insurance. Lesson learnt.

[Boob Johnson]

He knocked me off my bike. No insurance. Lesson learnt.
Bugger!!!!

[Yossarian]

Hi folks

I contacted this idiots company,after two weeks of me constantly ringing him, he finally gave me their details. I Rang the company up and spoke to the boss man and asked him was he aware that one of his drivers was involved in a collision, to which he said no.
It transpires that the idiot was 'self-employed' and did the odd couple of days for this company, whose details he gave me, involving a third party into the whole mess when he didn't need too.
I told him I was going to file a claim about two weeks ago to see if that would provide any impetus, to which he said 'I'll sort you out with some money' he's been blowing smoke up my a**e ever since, it happened a month ago so I'll try the small claims court.
I'm in the process of collating all the relevent information and then I'll send it in.
Thanks for the replies and I'll update this post sometime in the future if I have any luck (or not) as the case may be.

Thanks muchly.

[geoffm]

Self employed - convenient for the company ...

Lodge immediately, make sure you ahve written witness statements, photos, quotes, etc. My ex boss took a painter to the Small Claims Court, and lost because the judge wanted the witnesses to appear in person - this was a high school principal, a property manager and other busy people who could not do that. There was no dispute over the statements. it was a celar cut case of poor work by a bunch of illegal immigrants.
Lodging sometimes shakes them up enough to settle. Worked for a panel beater/ painter who stuffed up a paint job on a bike of mine.
Even if you win. YOU have to get the money out of them, and track them down if they do a runner. If you could get the money, you wouldn't be there...
The system is useless agains the scumbags.

[popelli]

The first time I went I though it was a open & shut case that I would win, found out that the guilty party had done his homework well and the judge awarded a 50/50 deal, pissed me right off, next 2 times I was plenty prepared and did good.


That is exactly right, I went to the court once with and open and shut case, had all the documentation

Guilty party turned up with a load of bollix for a case, lied consistently thru out the proceedings, disagreed with every fact and refused to admitt liability and agree on anything

As it is a tribunal rather than a court and no agreement was made I ended up with a 50/50 split

[Grahameeboy]

Good evening folks,

I was wondering if any of you fine people have had experience of going down the Small claims tribunal road?
I got knocked off my VTR250 a month ago after a gobshite failed to give way to me at a roundabout. I've given him that amount of time to come up with the money to pay for the damage done, but he just keeps fobbing me off, (my insurance had run out about three weeks prior...)
Is it worth the time and effort? I have two people who saw the incident and the man that knocked me off, signed a statement at the local cop-shop admitting liability.

Sorry if this has been posted before, can't seem to find a relevent thread.

Thanks for any help.

Yoss.

Easy, go to Court, pick up leaflets and DT Papers, fill in...pretty straight forward....assuming claim under $7,500, I think the fee is around $100.

Puts pressure on guy...if he does not turn up he looses...first though, send him copies, saying unless you etc withing 7 days you will send to Court...saves you some issuing costs....

[Grahameeboy]

Self employed - convenient for the company ...

Lodge immediately, make sure you ahve written witness statements, photos, quotes, etc. My ex boss took a painter to the Small Claims Court, and lost because the judge wanted the witnesses to appear in person - this was a high school principal, a property manager and other busy people who could not do that. There was no dispute over the statements. it was a celar cut case of poor work by a bunch of illegal immigrants.
Lodging sometimes shakes them up enough to settle. Worked for a panel beater/ painter who stuffed up a paint job on a bike of mine.
Even if you win. YOU have to get the money out of them, and track them down if they do a runner. If you could get the money, you wouldn't be there...
The system is useless agains the scumbags.

Garnishee order....get money out of employers...

[geoffm]

Garnishee order....get money out of employers...

Easier said than done when they are NINJAs (No income, no job or assets) and disappear like it too. It also costs money to chase these pricks, and track them down, etc
and of course, that 42" plasma actually belongs to the flatmate, etc.
Small claims court only works against honest people who have something to lose.

[Grahameeboy]

Easier said than done when they are NINJAs (No income, no job or assets) and disappear like it too. It also costs money to chase these pricks, and track them down, etc
and of course, that 42" plasma actually belongs to the flatmate, etc.
Small claims court only works against honest people who have something to lose.

Stay positive I say........................

[Yossarian]

For those that are interested,

I went to the Post Office yesterday to obtain the address of the fool that knocked me off me bike.
It cost 2.25 bucks and the girl behind the counter gave me the details there and then, I thought I'd have to wait a week as stated elsewhere.

Just so you know.

Cheers.

[Badjelly]

What is this Small Claims Court? Is it different from the Disputes Tribunal?

[Lias]

He is a career criminal on a sickness benefit - WINZ will not take any of his benefit to pay me because it will reduce his benefit below the 'protected earnings' threshhold.

I've now put a debt collection company onto him and they are getting the run around also.

You can't get blood out of a stone, and it's just as hard getting money out of someone who 'claims' to be broke, but is out every night breaking into your gandmothers house or selling your kids drugs.

Go the Justice system.

Thats why you hire a real debt collection agency.. You dont hire Baycorp, you hire the nearest 1% MC. Fees might be a bit steeper but you get the satisfaction of knowing he'll be without his kneecaps if he doesnt pay up :-P

[popelli]

Thats why you hire a real debt collection agency.. You dont hire Baycorp, you hire the nearest 1% MC. Fees might be a bit steeper but you get the satisfaction of knowing he'll be without his kneecaps if he doesnt pay up :-P

scumbags usually already know those sort of people, and once you start dealing with them on this level you may well become part of the entertainment

worse still they may go running to the police, if you want to go down this route you should do so well before going down the court route and providing an audit trail of evidence that could be used against you

best to find out if they are shortchanging the inland revenue on anything

a polite letter explaining the facts of life of what will happen to them when the inland revenue finds out about them usually does the trick

fall back position is to get pleasure watching them squirm when pressed for money by the IRD

[Yossarian]

Regarding my Small Claims application...I have got together most of my evidence, witness statements, Invoice, accident report etc. but I haven't got the address of the idiot that knocked me off my bike, which the court said they must have, fair enough.
I did the rego check and the address of the truck is a plumbing and drainage company based on the North Shore. I rang the boss of the company up, explained the details and said 'I don't have anyone by that name working for me'.....mmmmm.....
I went to the cop-shop in Howick, where we both made our statement, to chase them up for a copy of the accident report. I gave the copper the 'incident number' and he goes away to his computer and comes back with a mug-shot of the loser that hit me and says 'is this him?' which it was.....so the loser has 'previous' of some description. I asked do they have his address, and they do, but are not allowed to give it to me....
I've done the 018 check but the phone numbers of the idiot do not match up, so they must be unlisted.
I have his full name, land-line and mobile number (which he doesn't answer anymore)
Anyone any suggestions with trying to get his address, so I can post my claim?

Thanks for any help.

Yoss.

[Ixion]

Electoral roll. Phone number will give you an idea of the district he lives in, check the local roll. The "no-one of that name" sounds very dubious. Registering a vehicle in a company name you have to produce evidence of authorisation. Did the plumbing guy deny that it was their company vehicle?

Or, try a bit of sleuthing. Hang around near that plumbing company, watch for the truck, follow same.

[Yossarian]

Cheers Ixion

I've just done some research regarding the Plumbing and Drainage company....they have advertised for the position of a 'truck driver' on a Kiwi job site....thats a couple of days old, idiot boy said he was 'let go' after the incident.
I was thinking the same thing regarding hanging around the Companys address and see if the same truck turns up.
Too much of a coincidence, I'll do some stalking....

Ta.

[Slyer]

I hope you nail the slippery bastard.

[Ixion]

Cheers Ixion

I've just done some research regarding the Plumbing and Drainage company....they have advertised for the position of a 'truck driver' on a Kiwi job site....thats a couple of days old, idiot boy said he was 'let go' after the incident.
I was thinking the same thing regarding hanging around the Companys address and see if the same truck turns up.
Too much of a coincidence, I'll do some stalking....

Ta.

Ah ha. So maybe "no-one of that name" should be followed with "Now". If he was driving on company business, they are probably liable. And trying to wriggle.

[MadDuck]

With the dumb arse Health and Safety regulations now rampant in NZ society the Company who hired him as a driver should have a copy of his drivers licence on file.

How to get this information without breaching the dumb arse Privacy Act is the challenge. Perhaps a quiet word to the boss that the "Company" may be implicated could be an option????

If not then dont forget to wear your wig and fake glasses when on a stake out....

[awayatc]

Every plumber does have an account with one off the suppliers...I know Auckland is big, but would that be an angle....?

What about listing his name and details you have......maybe somebody on KB can help?