Enforcing Judgments and Orders
A forgotten cousin of litigation is the enforcement of judgments and orders (including cost orders). Here’s a general overview.
To enforce the payment or recovery of money, a party has the following options: a writ of seizure and sale, garnishment, a writ of sequestration, appointing a receiver (Rule 60.02/Forms 60A and 60B).
A party can enforce an order for the recovery or possession of land by a writ of possession (Rule 60.03/Form 60C).
An order for the recovery of possession of personal property, other than money, may be enforced by a writ of delivery (Form 60D).
An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order (Rule 60.05). A motion before a judge is required (Rule 60.11).
I recently issued a writ of seizure and sale in respect of land. As with all of the enforcement provisions referred to above, a writ of seizure and sale in respect of land has its own unique sub-rules (counsel should read the applicable sub-rules carefully). For example, once a writ of seizure and sale of land has been issued by the local registrar, a creditor may not take any step to sell land under the writ until four months after the writ was filed with the sheriff (Rule 60.07(17)). No sale of land may be held until six months after the writ was filed with the sheriff (Rule 60.07(18)). The sale of land cannot be held under a writ of seizure and sale unless notice of the time and place of sale has been mailed to the creditor and to the debtor at least 30 days before the sale (Rule 60.07(19)).
Before a creditor decides how best to enforce a monetary judgment or order, a creditor can chose to examine a debtor. Rule 60.18 states that a creditor may examine the debtor in relation to: the reason for non-payment of the order; the debtor’s income and property; debts owed to and by the debtor; whether the debtor has disposed of any property either before or after the order; and the debtor’s present, past and future means to satisfy the order.
Rule 60.19 deals with the cost of enforcement generally. Finally, it is important to note that, pursuant to Rule 60.12, where a party fails to comply with an interlocutory order, the court may stay the party’s proceeding, dismiss the party’s proceeding or strike the party’s defence, or make such order as is just.
Thanks for reading. Enjoy the weekend.
Justin
To enforce the payment or recovery of money, a party has the following options: a writ of seizure and sale, garnishment, a writ of sequestration, appointing a receiver (Rule 60.02/Forms 60A and 60B).
A party can enforce an order for the recovery or possession of land by a writ of possession (Rule 60.03/Form 60C).
An order for the recovery of possession of personal property, other than money, may be enforced by a writ of delivery (Form 60D).
An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order (Rule 60.05). A motion before a judge is required (Rule 60.11).
I recently issued a writ of seizure and sale in respect of land. As with all of the enforcement provisions referred to above, a writ of seizure and sale in respect of land has its own unique sub-rules (counsel should read the applicable sub-rules carefully). For example, once a writ of seizure and sale of land has been issued by the local registrar, a creditor may not take any step to sell land under the writ until four months after the writ was filed with the sheriff (Rule 60.07(17)). No sale of land may be held until six months after the writ was filed with the sheriff (Rule 60.07(18)). The sale of land cannot be held under a writ of seizure and sale unless notice of the time and place of sale has been mailed to the creditor and to the debtor at least 30 days before the sale (Rule 60.07(19)).
Before a creditor decides how best to enforce a monetary judgment or order, a creditor can chose to examine a debtor. Rule 60.18 states that a creditor may examine the debtor in relation to: the reason for non-payment of the order; the debtor’s income and property; debts owed to and by the debtor; whether the debtor has disposed of any property either before or after the order; and the debtor’s present, past and future means to satisfy the order.
Rule 60.19 deals with the cost of enforcement generally. Finally, it is important to note that, pursuant to Rule 60.12, where a party fails to comply with an interlocutory order, the court may stay the party’s proceeding, dismiss the party’s proceeding or strike the party’s defence, or make such order as is just.
Thanks for reading. Enjoy the weekend.
Justin
