JUDGMENT SUMMONS

Southland Times, Issue 22052, 27 June 1933, Page 5

JUDGMENT SUMMONS

ISSUE OF AFFIDAVITS. MAGISTRATE’S CRITICISM. (Per 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 criticized 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 since last week?” inquired the Magistrate “No, sir,” was debtor’s reply. “Well, I think that’s all you can do in the matter,” said his Worship addressing counsel for judgment creditor. Reference was made to a clause in the affidavit which reads: "I believe defendant, after providing for reasonable maintenance of himself and his family, has, since the date of judgment, had sufficient money to pay the debt,” and this is sworn to by judgment creditor or his representative. The Magistrate 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 (hat 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 debtor 10/6 costs,” he added with a recommendation that the grounds for belief that debtor could pay should be stated with the affidavit.