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Enforcement of civil judgments

27 Aug 2014

Judgment enforcement legislation should provide that if an account is not payable to the debtor at the time it is seized, or is a future account, the account debtor shall, when the account becomes payable to the debtor, pay to the Sheriff the amount owed, or any lesser amount as stated in the notice of seizure. [...] The legislation should specifically exclude the application of judgments registered in the Personal Property Registry prior to the transition date to the debtor’s real property interests, before the transition. [...] The legislation should provide that judgments which were registered before the coming into force of the new legislation should have priority status in relation to competing interests in personal property which arose before the coming into force of the new legislation according to the prior legislation (e.g., the Creditors’ Relief Act and the Personal Property Security Act). [...] Scope This report deals with the recovery of money judgments issued by the Supreme Court of Nova Scotia, the Court of Appeal, the Federal Courts, and the Small Claims Court, as well as any other judgment or order that may be enforced as a civil judgment in Nova Scotia; e.g., workers compensation assessments18 and restitution orders under the Criminal Code.19 The report considers the rights and obl [...] Further action can be taken to seize and sell or otherwise liquidate the property - in the case of land, pursuant to the Sale Of Land Under Execution Act,56 and in the case of personal property, under the PPSA.
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Pages
136
Published in
Ottawa, Ontario

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