Acts and Regulations

C-33 - Creditors Relief Act

Full text
Power of debtor or other creditor to contest claim
10(1)The claim may be contested by the execution debtor, or by a creditor interested in contesting the same.
Affidavit of person contesting claim
10(2)If the debtor contests the claim, he shall file with the clerk an affidavit stating that he has a good defence to the claim, or to a specified part of the claim on the merits, but the judge may dispense with the affidavit, on terms or otherwise.
Affidavit of debtor contesting claim
10(3)The debtor shall file the affidavit and serve upon the claimant a copy thereof within ten days after the personal service, or service under subsection 8(2), upon him of the affidavit of claim and the notice, or within the time that the judge by an order dispensing with personal service directed, or within any further time that the judge may allow; the affidavit shall have endorsed thereon an address in the Province, at which service may be made upon the debtor, or the address of some attorney in the Province who may be served in the debtor’s behalf, and in default thereof, service of any notice, paper or document may be made upon the debtor by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.
Affidavit of creditor contesting claim
10(4)If the contest is by a creditor, he shall file with the clerk an affidavit to the effect that he has reason to believe that the debt claimed is not really and in good faith due from the debtor to the claimant, but the judge may dispense with the affidavit, on terms or otherwise.
Delivery of affidavit to Sheriff
10(5)The affidavit by a creditor may be so filed, and a certificate thereof delivered to the sheriff at any time before distribution is made.
Notice to claimant respecting contest
10(6)The creditor shall in all cases be given notice of a contest of his claim by either the debtor or other creditor, the sufficiency of which notice shall be decided by the judge.
R.S., c.50, s.10; 1966, c.43, s.4; 1979, c.41, s.32
Power of debtor or other creditor to contest claim
10(1)The claim may be contested by the execution debtor, or by a creditor interested in contesting the same.
Affidavit of person contesting claim
10(2)If the debtor contests the claim, he shall file with the clerk an affidavit stating that he has a good defence to the claim, or to a specified part of the claim on the merits, but the judge may dispense with the affidavit, on terms or otherwise.
Affidavit of debtor contesting claim
10(3)The debtor shall file the affidavit and serve upon the claimant a copy thereof within ten days after the personal service, or service under subsection 8(2), upon him of the affidavit of claim and the notice, or within the time that the judge by an order dispensing with personal service directed, or within any further time that the judge may allow; the affidavit shall have endorsed thereon an address in the Province, at which service may be made upon the debtor, or the address of some attorney in the Province who may be served in the debtor’s behalf, and in default thereof, service of any notice, paper or document may be made upon the debtor by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.
Affidavit of creditor contesting claim
10(4)If the contest is by a creditor, he shall file with the clerk an affidavit to the effect that he has reason to believe that the debt claimed is not really and in good faith due from the debtor to the claimant, but the judge may dispense with the affidavit, on terms or otherwise.
Delivery of affidavit to Sheriff
10(5)The affidavit by a creditor may be so filed, and a certificate thereof delivered to the sheriff at any time before distribution is made.
Notice to claimant respecting contest
10(6)The creditor shall in all cases be given notice of a contest of his claim by either the debtor or other creditor, the sufficiency of which notice shall be decided by the judge.
R.S., c.50, s.10; 1966, c.43, s.4; 1979, c.41, s.32