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Difference between revisions of "Stays of Enforcement"
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Stays of Enforcement (view source)
Revision as of 00:26, 17 September 2018
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== Summary of the law== | == Summary of the law== | ||
Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as garnishment or seizure of assets. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed): | Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as [[Garnishment and Set-offs|garnishment]] or [[Bailiffs, Court Bailiffs and Sheriffs|seizure of assets]]. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed): | ||
* when a party has begun appeal proceedings, or
| * when a party has begun appeal proceedings, or
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* when a debtor invokes remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''], such as an assignment in bankruptcy or consumer proposal.
| * when a debtor invokes remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''], such as an [[Assignments in Bankruptcy|assignment in bankruptcy]] or [[Consumer and Ordinary Proposals|consumer proposal]].
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This section describes the limited instances where, in the absence of an appeal or any viable remedy being open to the debtor, the court may be persuaded to make an order specifically prohibiting the creditor from taking judgment enforcement steps. (Historically, this has been called a “stay of execution”. For the purposes of this publication, we use the term “stay of enforcement”.) | This section describes the limited instances where, in the absence of an appeal or any viable remedy being open to the debtor, the court may be persuaded to make an order specifically prohibiting the creditor from taking judgment enforcement steps. (Historically, this has been called a “stay of execution”. For the purposes of this publication, we use the term “stay of enforcement”.) | ||
