Acts and Regulations

2019-32 - General

Section 5
Disposition versions

Full text
Leave requirements
5(1)A registered creditor shall not deliver an enforcement instruction under section 42 of the Act more than six years after the date of the judgment without leave of the court.
5(2)The seizure of a judgment debtor’s income shall not continue for more than four years without leave of the court.
5(3)On application by an instructing creditor or a sheriff, the court may grant leave for the seizure of a judgment debtor’s income to continue for more than four years if it is fair to do so, and may impose any conditions that it considers appropriate.
5(4)In determining whether to grant leave under subsection (3), the court may consider, among other things,
(a) the respective resources of the judgment debtor and the instructing creditor,
(b) the nature of the original claim,
(c) the extent to which the amount of the judgment consists of interest, including court-ordered interest and interest arising under a contract,
(d) the efforts the judgment debtor has made to satisfy the judgment, and
(e) the extent to which the judgment has been satisfied by the judgment debtor.
Leave requirements
5(1)A registered creditor shall not deliver an enforcement instruction under section 42 of the Act more than six years after the date of the judgment without leave of the court.
5(2)The seizure of a judgment debtor’s income shall not continue for more than four years without leave of the court.
5(3)On application by an instructing creditor or a sheriff, the court may grant leave for the seizure of a judgment debtor’s income to continue for more than four years if it is fair to do so, and may impose any conditions that it considers appropriate.
5(4)In determining whether to grant leave under subsection (3), the court may consider, among other things,
(a) the respective resources of the judgment debtor and the instructing creditor,
(b) the nature of the original claim,
(c) the extent to which the amount of the judgment consists of interest, including court-ordered interest and interest arising under a contract,
(d) the efforts the judgment debtor has made to satisfy the judgment, and
(e) the extent to which the judgment has been satisfied by the judgment debtor.