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Difference between revisions of "Enforcing Judgments Against Chattels"
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Enforcing Judgments Against Chattels (view source)
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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 | 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). | ||
