Acts and Regulations

2011, c.235 - Wage Earners Protection Act

Full text
Execution debtor
6(1)All persons in the employment of an execution debtor at the time of the seizure by the sheriff of property of the debtor, or within one month before the seizure, are entitled to be paid by the sheriff out of the money realized on the execution the wages or salary due to them by the execution debtor, not exceeding three months wages or salary, in priority to the claims of the execution creditor, and those persons are entitled to recover from the debtor the balance, if any, of their claims.
6(2)A person claiming the benefit of this section shall file with the sheriff, before the sheriff pays over the money realized on the sale, a statement of claim verified by affidavit made before a commissioner for taking affidavits.
6(3)When a claim is filed with the sheriff, if the sheriff has not already recovered an amount sufficient to satisfy the claim of the execution creditor and also the claim of the employee, the sheriff may seize further property to recover such an amount.
6(4)If a dispute arises as to the correctness of any claim, or the sheriff for the sheriff’s own protection thinks it proper to do so, the sheriff may apply to a judge of The Court of King’s Bench of New Brunswick on petition, stating the facts as to the money in the sheriff’s hands and the claim filed, and obtain a summons calling on the debtor and claimant to appear before the judge at a time and place to be named in the summons, and the judge, on hearing the parties or such of them as appear at the return of the summons, may make such order as the judge considers just, and the sheriff’s obedience to the order is a defence to the sheriff in any proceedings that the claimant or debtor may bring against the sheriff in respect of any sum that the sheriff may pay in accordance with the order.
R.S.1973, c.W-1, s.4; 1979, c.41, s.126; 1984, c.27, s.16; 2013, c.32, s.41; 2023, c.17, s.278
Execution debtor
6(1)All persons in the employment of an execution debtor at the time of the seizure by the sheriff of property of the debtor, or within one month before the seizure, are entitled to be paid by the sheriff out of the money realized on the execution the wages or salary due to them by the execution debtor, not exceeding three months wages or salary, in priority to the claims of the execution creditor, and those persons are entitled to recover from the debtor the balance, if any, of their claims.
6(2)A person claiming the benefit of this section shall file with the sheriff, before the sheriff pays over the money realized on the sale, a statement of claim verified by affidavit made before a commissioner for taking affidavits.
6(3)When a claim is filed with the sheriff, if the sheriff has not already recovered an amount sufficient to satisfy the claim of the execution creditor and also the claim of the employee, the sheriff may seize further property to recover such an amount.
6(4)If a dispute arises as to the correctness of any claim, or the sheriff for the sheriff’s own protection thinks it proper to do so, the sheriff may apply to a judge of The Court of Queen’s Bench of New Brunswick on petition, stating the facts as to the money in the sheriff’s hands and the claim filed, and obtain a summons calling on the debtor and claimant to appear before the judge at a time and place to be named in the summons, and the judge, on hearing the parties or such of them as appear at the return of the summons, may make such order as the judge considers just, and the sheriff’s obedience to the order is a defence to the sheriff in any proceedings that the claimant or debtor may bring against the sheriff in respect of any sum that the sheriff may pay in accordance with the order.
R.S.1973, c.W-1, s.4; 1979, c.41, s.126; 1984, c.27, s.16; 2013, c.32, s.41
Execution debtor
6(1)All persons in the employment of an execution debtor at the time of the seizure by the sheriff of property of the debtor, or within one month before the seizure, are entitled to be paid by the sheriff out of the money realized on the execution the wages or salary due to them by the execution debtor, not exceeding three months wages or salary, in priority to the claims of the execution creditor, and those persons are entitled to recover from the debtor the balance, if any, of their claims.
6(2)A person claiming the benefit of this section shall file with the sheriff, before the sheriff pays over the money realized on the sale, a statement of claim verified by affidavit made before a commissioner for taking affidavits.
6(3)When a claim is filed with the sheriff, if the sheriff has not already levied for sufficient to satisfy the claim of the execution creditor and also the claim of the employee, the sheriff may make a further levy to an amount sufficient for the purpose, either before or after the return day named in the execution, and may proceed on the execution in all respects as if the sheriff had made the additional levy at the time of the original levy.
6(4)If a dispute arises as to the correctness of any claim, or the sheriff for the sheriff’s own protection thinks it proper to do so, the sheriff may apply to a judge of The Court of Queen’s Bench of New Brunswick on petition, stating the facts as to the money in the sheriff’s hands and the claim filed, and obtain a summons calling on the debtor and claimant to appear before the judge at a time and place to be named in the summons, and the judge, on hearing the parties or such of them as appear at the return of the summons, may make such order as the judge considers just, and the sheriff’s obedience to the order is a defence to the sheriff in any proceedings that the claimant or debtor may bring against the sheriff in respect of any sum that the sheriff may pay in accordance with the order.
R.S.1973, c.W-1, s.4; 1979, c.41, s.126; 1984, c.27, s.16
Execution debtor
6(1)All persons in the employment of an execution debtor at the time of the seizure by the sheriff of property of the debtor, or within one month before the seizure, are entitled to be paid by the sheriff out of the money realized on the execution the wages or salary due to them by the execution debtor, not exceeding three months wages or salary, in priority to the claims of the execution creditor, and those persons are entitled to recover from the debtor the balance, if any, of their claims.
6(2)A person claiming the benefit of this section shall file with the sheriff, before the sheriff pays over the money realized on the sale, a statement of claim verified by affidavit made before a commissioner for taking affidavits.
6(3)When a claim is filed with the sheriff, if the sheriff has not already levied for sufficient to satisfy the claim of the execution creditor and also the claim of the employee, the sheriff may make a further levy to an amount sufficient for the purpose, either before or after the return day named in the execution, and may proceed on the execution in all respects as if the sheriff had made the additional levy at the time of the original levy.
6(4)If a dispute arises as to the correctness of any claim, or the sheriff for the sheriff’s own protection thinks it proper to do so, the sheriff may apply to a judge of The Court of Queen’s Bench of New Brunswick on petition, stating the facts as to the money in the sheriff’s hands and the claim filed, and obtain a summons calling on the debtor and claimant to appear before the judge at a time and place to be named in the summons, and the judge, on hearing the parties or such of them as appear at the return of the summons, may make such order as the judge considers just, and the sheriff’s obedience to the order is a defence to the sheriff in any proceedings that the claimant or debtor may bring against the sheriff in respect of any sum that the sheriff may pay in accordance with the order.
R.S.1973, c.W-1, s.4; 1979, c.41, s.126; 1984, c.27, s.16