If I won against a company in court, how can I make it pay if it has gone into liquidation?

Question Details: Last year, we took a builder to court and won. He was ordered to pay us a settlement this year in instalments. We have only received about 1/3 of the money to date. He has recently emailed to say his business is going into liquidation. We have already been to Collections at the Ministry of Justice. What should we do next to recover the rest of the money?

Filed under Litigation | 1606 View(s)

Are you a lawyer? Login or register to answer this question.

Answers by Lawyers

Community Law Wellington & Hutt Valley

Your next step should be to file an application as a creditor with the liquidator. The details of the liquidator will be on the Government insolvency website www.insolvency.govt.nz. You can also find these by searching for the company on the Companies Office Register at http://www.companies.govt.nz, going to the documents page for that company, and opening the document titled 'Appointment of Liquidator'.

Companies in liquidation typically have fewer assets then liabilities. This means that creditors - in particular unsecured creditors - are likely to receive less than they are owed once liquidation is complete. You may receive nothing more.

Answered 6 Aug 2013. The IMPORTANT NOTICE below is part of this answer.

IMPORTANT NOTICE: The answer provided above is intended for general informational purposes only and cannot be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws change frequently, and small variations in the facts, or a fact not provided in the question, can often change a legal outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or publishers of the answer, for loss, damage or inconvenience arising in any way from the use of this site. While each answer has been published by a lawyer with a practising certificate, that person may not necessarily have experience in the particular area of law involved.

For more information about this website, please review our Terms of Use.