Can a court collections officer action a distress warrant against the personal assets of a company's owner? I'm seeking my tenancy bond refund.

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?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

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.

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