Question Details: My landlord is a limited company made of one director/shareholder (now dead). A second shareholder is now running the business under a different name. One accountant has confirmed that the company is in debt. The company applied for insolvency which is now disputed by the IRD. I have a court order for debt collection and need to provide information about the company's assets but was not able to find anything in the Personal Property Securities Register. Can a court collections officer be sent to action a distress warrant against the personal assets of the company owner?
Filed under Tenancy | 1465 View(s)
A Court collections officer can only action a warrant on the party that the Court has made the order against. If the order is against the company, the warrant can only be actioned against that company. If you want an order against the personal assets of a shareholder, you will need to ask the Court for such an order. Contact Collections or read more here: www.justice.govt.nz.
Answered 18 Nov 2013. The IMPORTANT NOTICE below is part of this answer.
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.