JUDGMENT DEBTORS

Otago Daily Times, Issue 21990, 27 June 1933, Page 5

JUDGMENT DEBTORS

CREDITORS' RESPONSIBILITY CRITICISM BY MAGISTRATE "RECKLESSLY FALSE" AFFIDAVITS. (Peb United Press Association.) NELSON June 26. The failure of judgment creditors to inquire into the position of judgment debtors before bringing them to court by the issue of " recklessly false" affidavits was criticised by Mr T. E. Maunsell, S.M. A judgment debtor, against whom no order was made when he appeared on a judgment summons last week, again appeared to-day on a judgment summons from a different judgment creditor. " Have you been in a position to pay this amount since last week?" inquired the magistrate. "No, sir," was the debtor's reply. "Well, I think that's all you can do in the matter," said his Worship, addressing counsel for the judgment creditor. Reference wag made to the clause in the affidavit which reads: —"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, and this was. sworn to by the judgment creditor or his representative. His Worship said that such affidavits were issued with a recklessly false statement in them. It had become a very lax proceeding. It had become a mere farce, the statement that they had " reason to believe" being sworn as a matter of formality. It was a practice which needed pulling up. "I will make no order and allow the debtor 10s 6d costs," the magistrate said, adding that the grounds for the, belief that the debtor could pay should be stated with the affidavit.