Difference between revisions of "Instalment Payment Orders"

Instalment Payment Orders (view source)

No change in size , 16:06, 12 October 2018

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 For Supreme Court actions, the best time to ask for an order is often in response to a motion by the creditor for a summary judgment or summary trial. The debtor files and delivers a Notice of Application and supporting affidavit in the creditor’s court action, asking for the application to be heard when the creditor’s application is heard.
-Similarly, an application could be made in response to a garnishing order ([http://canlii.ca/t/84h5 ''Court Order Enforcement Act''], section 5), an application to sell the debtor’s home (''Court Order Enforcement Act'', section 96), or a subpoena to debtor notice ([http://canlii.ca/t/8lld Supreme Civil Court Rule] 13-3(11)). These orders are somewhat flexible.
+Similarly, an application could be made in response to a garnishing order ([http://canlii.ca/t/84h5 ''Court Order Enforcement Act''], section 5), an application to sell the debtor’s home (''Court Order Enforcement Act'', section 96), or a subpoena to debtor notice ([http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-3(11)). These orders are somewhat flexible.
 Small Claims Rule 17(3), section 5(3) of the ''Court Order Enforcement Act'' (in place of garnishment), and Supreme Court Civil Rule 13-3(11) provide authority for a debtor (and creditor) to apply to vary an instalment payment order once the order has been made, and where there is a change in the circumstances of the debtor.