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Difference between revisions of "Instalment Payment Orders"
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Instalment Payment Orders (view source)
Revision as of 16:00, 12 October 2018
, 16:00, 12 October 2018→Specific situations
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==== Specific situations==== | ==== Specific situations==== | ||
Because of the broad provisions of the rules of court in both Supreme Court and Small Claims Court, additional authority may not be needed. However, the following provisions may give added weight to arguments in favour of instalment payment orders and may be more efficient to use: | Because of the broad provisions of the rules of court in both Supreme Court and Small Claims Court, additional authority may not be needed. However, the following provisions may give added weight to arguments in favour of instalment payment orders and may be more efficient to use: | ||
* '''Where a garnishing order has been made | * '''Where a garnishing order has been made''': Under section 5 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''], a judgment debtor who has been [[Garnishment and Set-offs|garnished]] can apply to have the garnishing order set aside and the judgment ordered payable in instalments. So long as the order is in good standing, the creditor cannot issue any further garnishing orders. Section 5 outlines the procedure for applying for an order, and for applying to vary the order if the debtor’s circumstances change. Section 5 also says that if the judgment debtor is in default of the instalment payment order for more than five days, the order is terminated.
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* '''Where a creditor is seeking to have the debtor’s home sold to pay debts | * '''Where a creditor is seeking to have the debtor’s home sold to pay debts''': Under section 96 of the ''Court Order Enforcement Act'', a judgment debtor can ask the court to defer the sale of the “home of the debtor” if the creditor is applying to have the home sold to satisfy a judgment. Section 96 says the deferral can be made subject to terms and conditions (including instalment payments) that the court orders.
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* '''At a subpoena to debtor hearing | * '''At a subpoena to debtor hearing''': Under the [http://canlii.ca/t/8lld Supreme Court Civil Rules], a judgment debtor can ask the court to make an instalment payment order at a subpoena to debtor hearing (Rule 13-3(11)).
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=== Effect of instalment payment orders=== | === Effect of instalment payment orders=== | ||
