JUDGMENT SUMMONSES.

Taranaki Daily News, Volume LVI, Issue 288, 8 May 1914, Page 5

JUDGMENT SUMMONSES.

ISSUED WITHOUT DUE ENQUIRY. MR KETTLE'S VIEWS. By Te'egraph —Press Association. Auckland, Last Night. Magistrate Kettle, in Court to-day, made some very sharp comments regarding the practice of some creditors of following up judgments! with an early issue of judgment summonses. Mr Mulgan, on behalf of a creditor, applied for an order against a judgment debtor, who, he said, promised to be present, but who apparently could not get away. At the Magistrate's request, Mr M;ilgan rang up the debtor. He returned into court and stated that the man said he could not come. Mr Kettle: Perhaps he cannot get away. There, is far too much credit given. I don't know that the man is bound to come. Men get served with these summonses, and their masters do not like them losing time to attend this court. Thus they lose time and perhaps their occupations. Judgment summonses should not lie issued unless there is reason to believe the debtor can pay something. These summonses are sworn to as a purely formal matter, whereas there should be a conscientious to believe that the debtor can pay, or else the summons should not be issued. A man might easily lose his job if frequently summoned to court, which would be a hardship, especially at this time and season of the year. Mr (Kettle then intimated that he would dismiss the application. Mr Mulgan: That is very unfair to the judgment creditor, your Worship. Mr Kettle: 'Sou have no right to make a remark of that sort. Evidently the mail cannot come here this morning without losing his work. Mr MuJgan: There is no evidence to show that. Mr Kettle: Your statement to me showed that the man's employer would not let him away. iMr Kettle then sent a court official to ring .11)1 the debtor, and he returned ; stating a time when the man could be present. Mr Kettle then agreed not to dismiss ; the application, but to hear the debtor.