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Legal Blog:
Jun
28
2013
How do I vacate the registration of a claim for lien that is out of time?
If a person does not want to pay money into court or post security to vacate the registration of a claim for lien that a person believes was registered out of time, then a person must bring a motion on notice to the lien claimant and prove that the lien is out of time. A Judge or Master will discharge the lien without the requirement of paying money into court or posting security if he or she is satisfied that the lien is out of time.
Continue Reading >Jun
27
2013
What is a Financial Guarantee Bond?
A Financial Guarantee Bond is the most common form of security that is posted to vacate the registration of a claim for lien. A Financial Guarantee Bond is a prescribed form, which can only be issued by an insurer licensed under the Insurance Act to write surety and fidelity insurance.
Continue Reading >Jun
26
2013
How much money or security do I have to pay or post to obtain an order to vacate the registration of a claim for lien?
If the claim for lien is $200,000.00, then the payment into court or the amount of the security is equal to the amount of the lien plus 25%. If the claim for lien is more than $200,000.00, then the payment into court or the amount of the security is equal to the amount of the lien plus $50,000.00.
Continue Reading >Jun
25
2013
How can I remove a claim for lien from title?
A person can vacate the registration of a lien by bringing a motion without notice to obtain an order pursuant to Subsection 44(1) of the Construction Lien Act. The order is generally granted as of right upon payment of money into court or the posting of security.
Continue Reading >Jun
24
2013
What does “supply of services” mean?
Under the Construction Lien Act, “supply of services means any work done or services performed upon or in respect of an improvement, and includes, the rental of equipment with an operator, and where the making of the planned improvement is not commenced, the supply of a design, plan, drawing, or specification that in itself enhances the value of the owner’s interest in the land.
Continue Reading >Jun
11
2013
If you have obtained a judgment against a debtor, can you share in any monies remitted under a notice of garnishment issued by another creditor?
Yes, if you have filed a writ of seizure and sale in the jurisdiction where the debtor resides, you and any other execution creditors with writs filed in that jurisdiction are entitled, pursuant to the Creditors’ Relief Act, to share on a pro rata basis the monies remitted to the Sheriff under the garnishment.
Continue Reading >Jun
10
2013
After you have issued and served a notice of garnishment on a debtor’s employer, can the debtor challenge the amount being deducted from his wages?
Yes, a debtor may bring a motion to the Court for a garnishment hearing. If the debtor can establish that the amount of the deduction is too financially onerous, the Court may vary or even suspend the payments under the garnishment.
Continue Reading >Jun
07
2013
If you obtained judgment against a debtor seven years ago but have only now found employment details for the debtor, can you garnishee his wages?
In accordance with Rule 60.08(2), if six or more years have elapsed since the date of the judgment, a notice of garnishment cannot be issued without a Court order. In the motion to the Court, it is necessary for the creditor to establish the reason for the delay in seeking to garnish the debtor’s wages. The notice of garnishment itself must be issued within one year of the date of the order granting leave.
Continue Reading >Jun
06
2013
If you have obtained a notice of garnishment against a debtor’s employer, on whom are you required to serve the notice?
Pursuant to Rule 60.08(7), the notice of garnishment must be served, together with the affidavit filed by the creditor, on the debtor. The notice of garnishment must also be served on the garnishee together with a blank garnishee’s statement.
Continue Reading >Jun
05
2013
After a creditor has served a notice of garnishment on a debtor’s employer, how do the garnishment monies get paid?
The garnishee is required to remit garnishment funds to the Sheriff of the jurisdiction where the debtor resides. The Sheriff is then required to distribute the funds in accordance with the Creditor’s Relief Act.
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