Anonymous

Difference between revisions of "Enforcing Judgments Against Chattels"

From Clicklaw Wikibooks
no edit summary
Line 67: Line 67:
You must determine the date of the seizure to ensure that the debtor’s exemption claim is made within the two-day time limit. If there is any doubt, the debtor should make a claim immediately, after which you can determine the most appropriate remedy for the client.
You must determine the date of the seizure to ensure that the debtor’s exemption claim is made within the two-day time limit. If there is any doubt, the debtor should make a claim immediately, after which you can determine the most appropriate remedy for the client.


Determining if there are other creditors is important when you are deciding what remedy to recommend. If there is only the judgment creditor, you may be able to focus on negotiated remedies such as a repayment agreement, or court remedies such as an instalment payment order. If there are several creditors, you may need to consider more global remedies such as debt pooling (see the section on the Debtor’s Options for Getting Out of Debt), or remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''] (see the sections on Assignments in Bankruptcy and Consumer and Ordinary Proposals).
Determining if there are other creditors is important when you are deciding what remedy to recommend. If there is only the judgment creditor, you may be able to focus on negotiated remedies such as a repayment agreement, or court remedies such as an [[Instalment Payment Orders|instalment payment order]]. If there are several creditors, you may need to consider more global remedies such as debt pooling (see the section on the [[Debtor’s Options for Getting Out of Debt]]), or remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''] (see the sections on [[Assignments in Bankruptcy]] and [[Consumer and Ordinary Proposals]]).


== Related topics and materials==
== Related topics and materials==
2,553

edits