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Difference between revisions of "Stays of Enforcement"
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Stays of Enforcement (view source)
Revision as of 00:27, 17 September 2018
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Advocates should obtain a complete financial picture of the client, including income and expenses, and assets and liabilities. It is particularly important to determine whether there are any other creditors and the extent of the debtor’s assets. For this remedy to be viable, it should be evident that the client has little or no ability to pay the creditor’s claim, and that there are no other practical remedies available to the debtor. | Advocates should obtain a complete financial picture of the client, including income and expenses, and assets and liabilities. It is particularly important to determine whether there are any other creditors and the extent of the debtor’s assets. For this remedy to be viable, it should be evident that the client has little or no ability to pay the creditor’s claim, and that there are no other practical remedies available to the debtor. | ||
Court-level information is important because it governs what procedures to follow when applying for an instalment payment order. If the client has been sued, obtain all the relevant court documents from the client or from the court registry. | Court-level information is important because it governs what procedures to follow when applying for an [[Instalment Payment Orders|instalment payment order]]. If the client has been sued, obtain all the relevant court documents from the client or from the court registry. | ||
If the client has not been sued, determine the amount owing to anticipate in which court an action might be brought. | If the client has not been sued, determine the amount owing to anticipate in which court an action might be brought. | ||
