Acts and Regulations

C-33 - Creditors Relief Act

Full text
Affidavit of claim
7(1)An affidavit, in the form prescribed by regulation, of the debt and the particulars thereof, may be made in duplicate by the creditor, or by one of the creditors in case of a joint debt, or by a person cognizant of the facts.
Affidavit of claim
7(2)The claimant shall serve on the debtor one of the duplicates, and a notice stating that the claimant intends to file the other duplicate with the clerk by reason of there being in the sheriff’s hands a writ of execution against the goods or lands of the debtor, and that the claimant intends to call on the sheriff to levy the said debt out of the property of the debtor, under the authority of this Act.
Affidavit of claim
7(3)The notice shall contain the other particulars, and may be in the form prescribed by regulation, and may be attached to the affidavit served, or endorsed thereon.
Service of out-of-province claim
7(4)Where the affidavit is to be served out of the Province the judge shall limit the time at which the next step may be taken by the claimant as hereinafter provided.
R.S., c.50, s.7
Affidavit of claim
7(1)An affidavit, in the form prescribed by regulation, of the debt and the particulars thereof, may be made in duplicate by the creditor, or by one of the creditors in case of a joint debt, or by a person cognizant of the facts.
Affidavit of claim
7(2)The claimant shall serve on the debtor one of the duplicates, and a notice stating that the claimant intends to file the other duplicate with the clerk by reason of there being in the sheriff’s hands a writ of execution against the goods or lands of the debtor, and that the claimant intends to call on the sheriff to levy the said debt out of the property of the debtor, under the authority of this Act.
Affidavit of claim
7(3)The notice shall contain the other particulars, and may be in the form prescribed by regulation, and may be attached to the affidavit served, or endorsed thereon.
Service of out-of-province claim
7(4)Where the affidavit is to be served out of the Province the judge shall limit the time at which the next step may be taken by the claimant as hereinafter provided.
R.S., c.50, s.7