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Legal Blog: Collections
May
09
2013
How do I obtain judgment against a defendant who has failed to deliver a statement of defence in a claim for an unpaid invoice?
A claim on an unpaid invoice is a liquidated debt. As a result, the plaintiff may, pursuant to Rule 19.04(1), require the Registrar of the Court to sign default judgment by filing an affidavit of service of the claim and a requisition for default judgment.
Continue Reading >May
08
2013
How long do I have to serve a statement of claim on the defendant?
Pursuant to Rule 14.08 of the Rules of Civil Procedure, a statement of claim must be served within six months after it is issued. If the plaintiff is having difficulty locating or serving a defendant, prior to the expiry of the six months, he can obtain an order of the Court extending the time for service of the claim.
Continue Reading >Jun
13
2012
What is a garnishment?
A garnishment is a legal process by which a judgment creditor can compel persons who owe debts to the judgment debtor to pay those debts to the Sheriff instead of the judgment debtor. The most common type of garnishment is the garnishment of a judgment debtor’s wages. Rule 60.08 of the Rules of Civil Procedure is the Rule dealing with garnishments.
Continue Reading >Jun
08
2012
What is an examination in aid of execution?
An examination in aid of execution is a remedy available to a creditor who has obtained a judgment against a debtor. The main purpose of the examination is to obtain information about the debtor’s ability to pay the judgment. A creditor is therefore entitled to ask and should ask questions about the debtor’s income, assets, and liabilities as well as the debtor’s present, past, and future means to satisfy the judgment.
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