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Debt Recovery Legal Process
Summary
To initiate legal proceedings in Papua New Guinea for debt recovery, consult a lawyer to draft a Writ of Summons, ensuring compliance with National Court Rules. Gather relevant documents, such as proof of debt and notices, and file the writ in court. For a Mandamus Order, engage a lawyer experienced in public law, prepare documentation, draft a petition, and file it in court. Mandamus Orders are typically initiated through a petition, while a Writ of Summons is used for civil actions, and an Originating Summons is for cases requiring legal interpretation. Contact the Papua New Guinea Law Society for lawyer recommendations.Full Conversation
Andreas Hara Wabiria
Hello Andreas! How can I assist you with your legal issue today?
i have given a 7days notice on the 26th ofDecember * to Mr. Rex Manga Wapalin to pay me my K450,*.* debt, being brideprice payment for my daughter. The 7days has already lapsed and i want to initate proceedings in the Papua New Guinea National Court. Please generate a WRIT OF SUMMONS in order for me to file in the National court in line with the format allowed bythe National Court Rules of Papua New Guinea
Hi Andreas! To generate a Writ of Summons for the Papua New Guinea National Court, you would typically need the following information:
- Plaintiff’s full name and address
- Defendant’s full name and address
- Statement of claim detailing the facts and the amount owed
- Relief sought (e.g., payment of K450,*.*)
Given the specific legal requirements and format, it is advisable to consult with a lawyer to ensure compliance with the National Court Rules of Papua New Guinea.
Would you like to know more about how to proceed or need help finding legal assistance?
- Plaintiff’s full name and address
- Defendant’s full name and address
- Statement of claim detailing the facts and the amount owed
- Relief sought (e.g., payment of K450,*.*)
Given the specific legal requirements and format, it is advisable to consult with a lawyer to ensure compliance with the National Court Rules of Papua New Guinea.
Would you like to know more about how to proceed or need help finding legal assistance?
i would like to know how i can proceed?
To proceed with initiating legal action in the National Court of Papua New Guinea:
- Consult a Lawyer: Seek assistance from a lawyer familiar with the National Court Rules to draft and file the Writ of Summons.
- Prepare Documents: Gather all relevant documents, including proof of debt and the notice given.
- File the Writ: Follow the lawyer's guidance to file the Writ of Summons in the court.
Would you like help finding a lawyer or more details on the filing process?
- Consult a Lawyer: Seek assistance from a lawyer familiar with the National Court Rules to draft and file the Writ of Summons.
- Prepare Documents: Gather all relevant documents, including proof of debt and the notice given.
- File the Writ: Follow the lawyer's guidance to file the Writ of Summons in the court.
Would you like help finding a lawyer or more details on the filing process?
yes please
To find a lawyer familiar with the National Court Rules in Papua New Guinea, you can contact the Papua New Guinea Law Society for recommendations. They can guide you to a lawyer who can assist with drafting and filing the Writ of Summons.
Would you like more details on the filing process or additional help?
Would you like more details on the filing process or additional help?
can you give me a draft format of a WRIT OF SUMMONS?
Certainly, Andreas! Here's a draft format of a WRIT OF SUMMONS for the Papua New Guinea National Court:
~Papua New Guinea National Court WRIT OF SUMMONS
National Court of Papua New Guinea
Writ of Summons
Case No.: [Insert Case Number]
Plaintiff:
Name: Andreas Hara Wabiria
Address: [Insert Plaintiff's Address]
Defendant:
Name: Rex Manga Wapalin
Address: [Insert Defendant's Address]
Statement of Claim:
*. The Plaintiff claims the amount of K450,*.* owed by the Defendant for the bride price payment for the Plaintiff's daughter.
*. On 26th December *, the Plaintiff issued a *-day notice to the Defendant demanding payment of the debt.
*. The Defendant has failed to pay the said amount within the stipulated time.
Relief Sought:
The Plaintiff seeks an order from the court for the Defendant to pay the sum of K450,*.*.
Dated: [Insert Date]
Signed:
[Plaintiff's Signature]
Filed by:
[Lawyer's Name (if applicable)]
Would you like more details on the filing process or additional help drafting any other legal document?
National Court of Papua New Guinea
Writ of Summons
Case No.: [Insert Case Number]
Plaintiff:
Name: Andreas Hara Wabiria
Address: [Insert Plaintiff's Address]
Defendant:
Name: Rex Manga Wapalin
Address: [Insert Defendant's Address]
Statement of Claim:
*. The Plaintiff claims the amount of K450,*.* owed by the Defendant for the bride price payment for the Plaintiff's daughter.
*. On 26th December *, the Plaintiff issued a *-day notice to the Defendant demanding payment of the debt.
*. The Defendant has failed to pay the said amount within the stipulated time.
Relief Sought:
The Plaintiff seeks an order from the court for the Defendant to pay the sum of K450,*.*.
Dated: [Insert Date]
Signed:
[Plaintiff's Signature]
Filed by:
[Lawyer's Name (if applicable)]
Would you like more details on the filing process or additional help drafting any other legal document?
Yes thankyou
You're welcome, Andreas! If you need further assistance with drafting legal documents or understanding the filing process, please let me know. Is there any other specific legal document or detail you need help with?
i have another issue. that issue is to do with the government and its agents and a Mining company who are not coming to a round table meeting with our tribesmen on whose land they are extracting gold. we have written many letters asking for that round table meeting to discuss outstanding royalty and equity payments due to our tribes, and also compensation for environment damages. i now want to initiate a court proceeding to get a MANDAMUS ORDER to force the government and the mining company to talk to us. without our consent they have aleady removed over $2Billion worth of gold from our tribal land. can you tell me how i would go about getting a MANDAMUS ORDER?
To initiate a court proceeding to get a Mandamus Order, you typically need to follow these steps:
*. Consult a Lawyer: Engage a lawyer experienced in public law and Mandamus Orders.
*. Prepare Documentation: Gather all relevant documents, including proof of land ownership, communication records, and evidence of extraction.
*. Draft Petition: Draft the petition, stating the facts and legal grounds for the Mandamus Order.
*. File Petition: File the petition in the appropriate court.
Would you like assistance in finding a lawyer or more details on the filing process?
*. Consult a Lawyer: Engage a lawyer experienced in public law and Mandamus Orders.
*. Prepare Documentation: Gather all relevant documents, including proof of land ownership, communication records, and evidence of extraction.
*. Draft Petition: Draft the petition, stating the facts and legal grounds for the Mandamus Order.
*. File Petition: File the petition in the appropriate court.
Would you like assistance in finding a lawyer or more details on the filing process?
No i would like you to generate a Draft Petition for Mandamus Order that i can file in the National court in line with the format allowed by the National Court Rules of Papua New Guinea
Sure, Andreas! Here is a draft format for a Petition for a Mandamus Order for the National Court of Papua New Guinea:
~Papua New Guinea National Court Petition for Mandamus Order
National Court of Papua New Guinea
Petition for Mandamus Order
Case No.: [Insert Case Number]
Petitioner:
Name: Andreas Hara Wabiria
Address: [Insert Petitioner’s Address]
Respondents:
*. Government of Papua New Guinea
Address: [Insert Government Address]
*. [Name of Mining Company]
Address: [Insert Mining Company’s Address]
Statement of Facts:
*. The petitioner represents the tribesmen on whose land the respondents are extracting gold.
*. The respondents have extracted over $* Billion worth of gold without the tribesmen’s consent.
*. Numerous requests for a round table meeting to discuss outstanding royalty, equity payments, and compensation for environmental damages have been ignored.
Legal Grounds:
- The respondents have a legal obligation to engage with the landowners and address their concerns regarding royalty, equity payments, and environmental damages.
- The continued extraction without consent and failure to engage constitute a breach of duty.
ReliefSought:
*. An order compelling the Government of Papua New Guinea and the [Name of Mining Company] to attend a round table meeting with the petitioner and the tribesmen.
*. An order directing the respondents to address and resolve the issues of outstanding royalty, equity payments, and environmental compensation.
Dated: [Insert Date]
Signed:
[Petitioner’s Signature]
Filed by:
[Lawyer's Name (if applicable)]
Would you like more details on the filing process or any other assistance?
National Court of Papua New Guinea
Petition for Mandamus Order
Case No.: [Insert Case Number]
Petitioner:
Name: Andreas Hara Wabiria
Address: [Insert Petitioner’s Address]
Respondents:
*. Government of Papua New Guinea
Address: [Insert Government Address]
*. [Name of Mining Company]
Address: [Insert Mining Company’s Address]
Statement of Facts:
*. The petitioner represents the tribesmen on whose land the respondents are extracting gold.
*. The respondents have extracted over $* Billion worth of gold without the tribesmen’s consent.
*. Numerous requests for a round table meeting to discuss outstanding royalty, equity payments, and compensation for environmental damages have been ignored.
Legal Grounds:
- The respondents have a legal obligation to engage with the landowners and address their concerns regarding royalty, equity payments, and environmental damages.
- The continued extraction without consent and failure to engage constitute a breach of duty.
ReliefSought:
*. An order compelling the Government of Papua New Guinea and the [Name of Mining Company] to attend a round table meeting with the petitioner and the tribesmen.
*. An order directing the respondents to address and resolve the issues of outstanding royalty, equity payments, and environmental compensation.
Dated: [Insert Date]
Signed:
[Petitioner’s Signature]
Filed by:
[Lawyer's Name (if applicable)]
Would you like more details on the filing process or any other assistance?
Are Mandamus Orders initiated in court through WRIT OF SUMMONS, ORIGINATING SUMMONS, or a PETITION? Can you please tell me the difference between the three?
Mandamus Orders are typically initiated through a Petition.
Differences:
- Writ of Summons: Used to commence civil actions, requiring the defendant to appear in court.
- Originating Summons: For cases where the facts are not disputed and require a legal interpretation.
- Petition: Used for administrative or public law matters, such as seeking a Mandamus Order.
Do you need help with anything else?
Differences:
- Writ of Summons: Used to commence civil actions, requiring the defendant to appear in court.
- Originating Summons: For cases where the facts are not disputed and require a legal interpretation.
- Petition: Used for administrative or public law matters, such as seeking a Mandamus Order.
Do you need help with anything else?
not now thanks. i will get back to you when i need further assistance
You're welcome, Andreas! Don't hesitate to reach out when you need further assistance. Have a great day!
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