Difference between revisions of "Creditors' Remedies against Debtors (10:III)"

Creditors' Remedies against Debtors (10:III) (view source)

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 === 5. Legal Advice on Liens ===
-If the lien is valid and the debtor wishes to discharge the lien, but disputes the amount of the claim, the debtor may wish to make the payment to the lien-holder. The debtor should send an accompanying letter stating an intention to dispute the claim, and if they are required to sign documents acknowledging indebtedness before the chattels will be released, they should write the words “Without Prejudice” above the signature.  In every case, the debtor should always ensure that the proper steps have been taken to discharge the lien upon payment.
+If the lien is valid and the debtor wishes to discharge the lien, but disputes the amount of the claim, the debtor may wish to make the payment to the court by application under s  23(1) of the ''Builder’s Lien Act''. This discharges the liability in respect to the Lien under s 23(2) The court will then assess the proper amount to be paid by receiving evidence, or directing a trial.
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