CLAIMS FOR DEBT

New Zealand Herald, Volume LXXIV, Issue 22819, 28 August 1937, Page 18

CLAIMS FOR DEBT

CBEDITOES CRITICISED "PROLONGING THE AGONY" CONTINUAL COURT CASES MAGISTRATE'S INTIMATION [by telegraph—own correspondent] ; INVEKCABGrLL, Friday Strictures on the practice of creditors, through their solicitors, ' prolonging the agony" of their debtors, by continually bringing cases before the Court, were uttered by Mr. W. H. Freeman, S.M., in the Magistrates Court yesterday, when the usual number of civil claims was being heard. _ Several of the debts claimed were years old, adjournments having been sought from time to time. When further adjournments were asked by counsel, the magistrate refused, and commented on the practice adopted by creditors. "The rule states that no judgment summons shall be adjourned unless it is shown at the original hearing that grounds exist for the making of an order of committal, and in no case shall on adjournment be made sine die," Baid the magistrate. "That is definite. Some of these cases go, back for years." Mr B. W. Hewat said that creditors, by waiting, had shown consideration toward their debtors. Times had improved, and it was only fair that something should he paid. The Magistrate: They could not help themselves. They knew it would have been little use suing for a debt in the bad times experienced. The rates of pay now are only on the 1931 standard, and that is only the bare minimum fixed by awards of the Court of Arbitration. y When counsel referred to the fact that a debtor should have been in Court to contest the order, the magistrate said that debtors were reluctant to come to Court. "If employees, ask for a day off to come to Court inquiries are made, and if it is found that they owe money it may jeopardise their job," he added. He saicl that he would not in future grant adjournments in debt cases unless proper cause could, be shown.