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Difference between revisions of "Enforcing Judgments Against Land"
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Enforcing Judgments Against Land (view source)
Revision as of 16:51, 12 October 2018
, 16:51, 12 October 2018→Hearing of the action
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If the judgment that the creditor is trying to enforce by the sale of land was obtained in Supreme Court, the creditor need only file a Notice of Application in the Supreme Court action between the creditor and debtor. | If the judgment that the creditor is trying to enforce by the sale of land was obtained in Supreme Court, the creditor need only file a Notice of Application in the Supreme Court action between the creditor and debtor. | ||
====Hearing of the action==== | ====Hearing of the enforcement action==== | ||
At the first hearing (called a '''“show cause” hearing'''), the debtor must show why the property should not be sold to satisfy the judgment. It is difficult, though not impossible, for debtors to convince the judge to dismiss the creditor’s action. Under s. 96(2) of the ''Court Order Enforcement Act'', if the home of the judgment debtor is on the land, the court may defer the sale depending on how the judgment debtor responds to the terms and conditions, usually [[Instalment Payment Orders|instalment payments]]), set by the court. | At the first hearing (called a '''“show cause” hearing'''), the debtor must show why the property should not be sold to satisfy the judgment. It is difficult, though not impossible, for debtors to convince the judge to dismiss the creditor’s action. Under s. 96(2) of the ''Court Order Enforcement Act'', if the home of the judgment debtor is on the land, the court may defer the sale depending on how the judgment debtor responds to the terms and conditions, usually [[Instalment Payment Orders|instalment payments]]), set by the court. | ||