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Difference between revisions of "Bailiffs, Court Bailiffs and Sheriffs"
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Bailiffs, Court Bailiffs and Sheriffs (view source)
Revision as of 13:37, 12 October 2018
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For [[Security Agreements|security agreements]] covered by the [http://canlii.ca/t/8495 ''Personal Property Security Act''], the debtor has a number of special statutory rights when the goods are “'''consumer goods'''” as defined under that law. These include: | For [[Security Agreements|security agreements]] covered by the [http://canlii.ca/t/8495 ''Personal Property Security Act''], the debtor has a number of special statutory rights when the goods are “'''consumer goods'''” as defined under that law. These include: | ||
* '''The right to reinstate | * '''The right to reinstate''': The right to reinstate the contract (that is, go back to making regular monthly payments instead of paying the whole balance) if the client pays the arrears ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec62_smooth section 62]).
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* '''The two-thirds rule | * '''The two-thirds rule''': The right not to have the goods repossessed when at least two-thirds of the purchase price has been paid ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec58_smooth section 58]).
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In some instances, it may be to the advantage of the client to allow repossession, or even to offer to return the secured goods to the secured creditor (this is called “surrender” of the goods). Under the consumer goods provisions of the ''Personal Property Security Act'', the debtor’s financial obligations to the creditor may be cancelled upon repossession. | In some instances, it may be to the advantage of the client to allow repossession, or even to offer to return the secured goods to the secured creditor (this is called “surrender” of the goods). Under the consumer goods provisions of the ''Personal Property Security Act'', the debtor’s financial obligations to the creditor may be cancelled upon repossession. | ||
