Enforcing Judgments Against Chattels - Revision history

Drew Jackson at 16:47, 13 October 2018

2018-10-13T16:47:11Z

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	== Client problems==		== Client problems==
	* ~~Creditor~~ has threatened to take the client’s car.		*Creditor has threatened to take the client’s car.
	* Client brings you court documents showing a bailiff has taken their chattels.		*Client brings you court documents showing a bailiff has taken their chattels.

	== Summary of the law==		== Summary of the law==

Drew Jackson at 16:24, 13 October 2018

2018-10-13T16:24:20Z

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	In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment.		In general, an unsecured creditor cannot take action against the chattels of a debtor until a judgment is obtained. Only after a judgment has been granted on a debt claim can a creditor look to the assets of the debtor to satisfy the judgment.

	Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided.		Aggressive creditors often threaten action against assets even before a judgment is obtained. (See the section on [[Harassment by Debt Collectors]].) Such threats are usually baseless because seizure of chattels after judgment can usually be avoided.

	However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):		However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):
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	* [[Bailiffs, Court Bailiffs and Sheriffs]]		* [[Bailiffs, Court Bailiffs and Sheriffs]]
	* [[Garnishment and Set-offs]]		* [[Garnishment and Set-offs]]
	* [[Harassment]]		* [[Harassment by Debt Collectors]]
	* [[Instalment Payment Orders]]		* [[Instalment Payment Orders]]
	* [[Recovery of Goods]]		* [[Recovery of Goods]]

Drew Jackson: /* Related topics and materials */

2018-10-12T16:23:44Z

Drew Jackson: /* Related topics and materials */

2018-10-12T16:22:42Z

Drew Jackson: /* Property exempt from seizure and sale */

2018-10-12T16:20:40Z

Property exempt from seizure and sale

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	Other exemptions under BC and federal law may provide additional exemptions for a judgment debtor against any form of judgment enforcement, including seizure by a court bailiff and garnishment:		Other exemptions under BC and federal law may provide additional exemptions for a judgment debtor against any form of judgment enforcement, including seizure by a court bailiff and garnishment:
	* The [http://canlii.ca/t/8qsl ''Insurance Act''] exempts payments from insurance companies under certain annuity contracts.		* The [http://canlii.ca/t/8qsl ''Insurance Act''] exempts payments from insurance companies under certain annuity contracts.
	* The [~~https~~://~~www.~~canlii.~~org/en/bc~~/~~laws~~/~~stat/rsbc-1996-c-82/latest/rsbc-1996-c-82.html?resultIndex=1#sec65_smooth~~ ''Credit Union Incorporation Act''] exempts certain credit union shares.		* The [http://canlii.ca/t/84hb ''Credit Union Incorporation Act''] exempts certain credit union shares.
	* Under the [http://canlii.ca/t/7vhk ''Indian Act''] (Canada), real and personal property of a status Indian or a band situated on a reserve is not subject to seizure, except by other Indians.		* Under the [http://canlii.ca/t/7vhk ''Indian Act''] (Canada), real and personal property of a status Indian or a band situated on a reserve is not subject to seizure, except by other Indians.
	* Provincial laws exempt the pensions of teachers and provincial and municipal employees.		* Provincial laws exempt the pensions of teachers and provincial and municipal employees.

Drew Jackson: /* Property exempt from seizure and sale */

2018-10-12T16:19:25Z

Property exempt from seizure and sale

← Older revision		Revision as of 16:19, 12 October 2018
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	Other exemptions under BC and federal law may provide additional exemptions for a judgment debtor against any form of judgment enforcement, including seizure by a court bailiff and garnishment:		Other exemptions under BC and federal law may provide additional exemptions for a judgment debtor against any form of judgment enforcement, including seizure by a court bailiff and garnishment:
	* The [http://canlii.ca/t/8qsl ''Insurance Act''] exempts payments from insurance companies under certain annuity contracts.		* The [http://canlii.ca/t/8qsl ''Insurance Act''] exempts payments from insurance companies under certain annuity contracts.
	* The ''Credit Union Act'' exempts certain credit union shares.		* The [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-82/latest/rsbc-1996-c-82.html?resultIndex=1#sec65_smooth ''Credit Union Incorporation Act''] exempts certain credit union shares.
	* Under the [http://canlii.ca/t/7vhk ''Indian Act''] (Canada), real and personal property of a status Indian or a band situated on a reserve is not subject to seizure, except by other Indians.		* Under the [http://canlii.ca/t/7vhk ''Indian Act''] (Canada), real and personal property of a status Indian or a band situated on a reserve is not subject to seizure, except by other Indians.
	* Provincial laws exempt the pensions of teachers and provincial and municipal employees.		* Provincial laws exempt the pensions of teachers and provincial and municipal employees.

Drew Jackson: /* Actions against chattels after judgment */

2018-10-12T16:15:03Z

Actions against chattels after judgment

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	=== Actions against chattels after judgment===		=== Actions against chattels after judgment===
	Once a judgment is obtained, a creditor is entitled to a further order for seizing a debtor’s assets to satisfy the judgment. In Supreme Court, such an order is known as a '''writ of seizure and sale''' (see [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(1)); in Small Claims Court, it is called an order for seizure and sale (see [http://canlii.ca/t/8571 Small Claims Rule] 11(12)). The creditor can obtain these orders from court registry staff (a court hearing is not needed). The orders are then delivered to the local ~~court~~ [[Bailiffs, Court Bailiffs and Sheriffs\|bailiff]] to carry out.		Once a judgment is obtained, a creditor is entitled to a further order for seizing a debtor’s assets to satisfy the judgment. In Supreme Court, such an order is known as a '''writ of seizure and sale''' (see [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(1)); in Small Claims Court, it is called an order for seizure and sale (see [http://canlii.ca/t/8571 Small Claims Rule] 11(12)). The creditor can obtain these orders from court registry staff (a court hearing is not needed). The orders are then delivered to the local [[Bailiffs, Court Bailiffs and Sheriffs\|court bailiff]] to carry out.

	Sections 47 to 78 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] set out the procedure that a court bailiff follows to enforce orders. Usually, the court bailiff requires information from the judgment creditor on which assets may be seized. The asset most likely to be seized after judgment is a car; household goods are not usually worth enough to justify seizure. The ''Court Order Enforcement Act'' also allows court bailiffs to seize other assets such as stocks, bonds and promissory notes (enforceable promises to repay a debt or loan).		Sections 47 to 78 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] set out the procedure that a court bailiff follows to enforce orders. Usually, the court bailiff requires information from the judgment creditor on which assets may be seized. The asset most likely to be seized after judgment is a car; household goods are not usually worth enough to justify seizure. The ''Court Order Enforcement Act'' also allows court bailiffs to seize other assets such as stocks, bonds and promissory notes (enforceable promises to repay a debt or loan).

Drew Jackson: /* Actions against chattels before judgment */

2018-10-12T16:14:04Z

Actions against chattels before judgment

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	However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):		However, two exceptions allow unsecured creditors to tie up the assets of a debtor while a legal action is pending (that is, '''before''' a judgment):
	* '''A pre-judgment garnishment''' (of a bank account, for example): see the section on [[Garnishment and Set-offs]].		* '''A pre-judgment garnishment''' (of a bank account, for example): see the section on [[Garnishment and Set-offs]].
	* '''A Mareva injunction:''' Mareva comes from a leading British court decision that outlines when a court can order a debtor not to dispose of assets while an unsecured creditor’s claim is being processed in the courts. Mareva injunctions can only be made by Supreme Court judges — not Small Claims Court judges — under complex circumstances, so a client should consult a lawyer if such an injunction has been threatened or issued.		* '''A Mareva injunction''': Mareva comes from a leading British court decision that outlines when a court can order a debtor not to dispose of assets while an unsecured creditor’s claim is being processed in the courts. Mareva injunctions can only be made by Supreme Court judges — not Small Claims Court judges — under complex circumstances, so a client should consult a lawyer if such an injunction has been threatened or issued.

	=== Actions against chattels after judgment===		=== Actions against chattels after judgment===

Drew Jackson at 14:43, 9 October 2018

2018-10-09T14:43:01Z

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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}

	An unsecured creditor who obtains a court judgment against a debtor can take action against the personal property (“'''chattels'''”) of the debtor.		An unsecured creditor who obtains a court judgment against a debtor can take action against the personal property (“'''chattels'''”) of the debtor.

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	* Creditor has threatened to take the client’s car.		* Creditor has threatened to take the client’s car.
	* Client brings you court documents showing a bailiff has taken their chattels.		* Client brings you court documents showing a bailiff has taken their chattels.

	== Summary of the law==		== Summary of the law==
	[[File:Consumer_Law_and_Debt_-_Enforcing_Judgments_Against_Chattels.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Enforcing_Judgments_Against_Chattels.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

Elena Renderos at 02:18, 1 October 2018

2018-10-01T02:18:10Z

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	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Enforcing_Judgments_Against_Chattels.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Chattels is a legal term that generally refers to a person’s moveable possessions. The term “chattels” generally does not include possessions that cannot be moved (like “real property”; that is, houses or land). This section deals with the rights of an unsecured judgment creditor to have a debtor’s chattels seized to satisfy a judgment debt. Secured creditors (creditors with a security interest in some or all of a debtor’s chattels) have very different legal rights (see the section on [[Types of Lenders and Creditors]]).		Chattels is a legal term that generally refers to a person’s moveable possessions. The term “chattels” generally does not include possessions that cannot be moved (like “real property”; that is, houses or land). This section deals with the rights of an unsecured judgment creditor to have a debtor’s chattels seized to satisfy a judgment debt. Secured creditors (creditors with a security interest in some or all of a debtor’s chattels) have very different legal rights (see the section on [[Types of Lenders and Creditors]]).

← Older revision		Revision as of 16:23, 12 October 2018
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	* [[Instalment Payment Orders]]		* [[Instalment Payment Orders]]
	* [[Recovery of Goods]]		* [[Recovery of Goods]]
	* [[~~Repairers’~~ Liens]]		* [[Repairers' Liens]]
	* [[Security Agreements]]		* [[Security Agreements]]

← Older revision		Revision as of 16:22, 12 October 2018
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	* [[Repairers’ Liens]]		* [[Repairers’ Liens]]
	* [[Security Agreements]]		* [[Security Agreements]]

	~~See the Canadian Bar Association’s BC Branch’s "[https://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Small-Claims-Court/169 Getting your Judgment Paid]".~~


	{{Consumer and Debt Law Navbox\|type = court}}		{{Consumer and Debt Law Navbox\|type = court}}