JUDGMENT & OBTAINING JUDGMENT

Question 1

District court civil matters

Answer 1

$350K or less ( S74 of the district court act 2016)

Question 2

Serving the sealed judgment, must be notified?

Answer 2

Yes must be notified 11.11(5)

Question 3

Date of judgment important why? 2 reasons?

Answer 3

1. The interest on the judgment debt runs from the day of which cause of action arose or the day specified by the court on the judgment (this can be on the day of judgment)
2. The judgment is enforceable within 6 years.

Question 4

What is the purpose of sealing the judgment?

Answer 4

The sealing of judgment converts it to a court document which is then enforceable, if the judgment is not sealed it is not enforceable

Question 5

What is the process of sealing a judgment?

Answer 5

1. Order is prepared by the winning parties lawyer
2. Order is presented to the registrar
3. It is then sealed 11.11(1)
   It is then served

Question 6

Interest rate on judgment debt is calculated how?

Answer 6

1. By using the statutory rate
2. By agreement to use a contractual rate