Acts and Regulations

C-33 - Creditors Relief Act

Full text
Certificate of clerk respecting uncontested claim
9(1)If the claim is not contested in manner hereinafter mentioned, the clerk, after ten days from the day of personal service, or service under subsection 8(2), or within the time mentioned in the order, as the case may be, on application and the filing with him of proof of service upon the debtor of an affidavit and notice in accordance with this Act, or proof of compliance with a judge’s order in that behalf, or upon the determination of the dispute in favor of the claimant, either in whole or in part, shall deliver to the creditor, or anyone on his behalf, a certificate in the form prescribed by regulation; and where the claim is only disputed as to a part, the creditor may elect, by writing filed with the clerk, to abandon that part, and obtain a certificate as to the residue.
Delivery of certificate to Sheriff
9(2)The certificate shall be delivered by the claimant to the sheriff, and thereby from the time of the delivery the claimant shall be deemed to be an execution creditor within the meaning of this Act, and to be entitled to share in whatever is made under the executions of creditors in the sheriff’s hands, as if he had delivered to the sheriff an execution against lands or goods or both, as the case may be, and the certificate in like manner binds the lands and goods of the debtor; subject, however, to the debt being afterwards disputed by a creditor, as hereinafter provided for.
Interpleader
9(3)A certificate under this Act shall, in interpleader proceedings, be deemed to be an execution.
Address for service
9(4)If the certificate is obtained by an attorney, the name and place of abode of the attorney shall be endorsed thereon, and if the certificate is sued out by the claimant in person, there shall be endorsed thereon an address in the Province, at which service may be made upon the claimant; and, in default thereof, service of any notice, paper or document may be made upon the claimant 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.
Levy by Sheriff on receipt of certificate
9(5)On receiving the certificate the sheriff shall make a further seizure of the lands and tenements, or goods and chattels, or both, as the case may be, of the debtor to the amount of the debt so claimed, and the sheriff’s fees; and so on from time to time in case more certificates are received after the further seizure so made.
Duration and renewal of certificate of clerk
9(6)A certificate under this Act remains in force for three years from the date thereof, and no longer unless renewed, but a certificate may be renewed in the same manner as a writ of execution, but notwithstanding the expiry of a writ or certificate during the month in which a notice of levy having been made is required to be posted, the writ and certificate shall, as to any money levied during the month, be deemed to be in full force and effect.
R.S., c.50, s.9; 1966, c.43, s.3; 1979, c.41, s.32
Certificate of clerk respecting uncontested claim
9(1)If the claim is not contested in manner hereinafter mentioned, the clerk, after ten days from the day of personal service, or service under subsection 8(2), or within the time mentioned in the order, as the case may be, on application and the filing with him of proof of service upon the debtor of an affidavit and notice in accordance with this Act, or proof of compliance with a judge’s order in that behalf, or upon the determination of the dispute in favor of the claimant, either in whole or in part, shall deliver to the creditor, or anyone on his behalf, a certificate in the form prescribed by regulation; and where the claim is only disputed as to a part, the creditor may elect, by writing filed with the clerk, to abandon that part, and obtain a certificate as to the residue.
Delivery of certificate to Sheriff
9(2)The certificate shall be delivered by the claimant to the sheriff, and thereby from the time of the delivery the claimant shall be deemed to be an execution creditor within the meaning of this Act, and to be entitled to share in whatever is made under the executions of creditors in the sheriff’s hands, as if he had delivered to the sheriff an execution against lands or goods or both, as the case may be, and the certificate in like manner binds the lands and goods of the debtor; subject, however, to the debt being afterwards disputed by a creditor, as hereinafter provided for.
Interpleader
9(3)A certificate under this Act shall, in interpleader proceedings, be deemed to be an execution.
Address for service
9(4)If the certificate is obtained by an attorney, the name and place of abode of the attorney shall be endorsed thereon, and if the certificate is sued out by the claimant in person, there shall be endorsed thereon an address in the Province, at which service may be made upon the claimant; and, in default thereof, service of any notice, paper or document may be made upon the claimant 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.
Levy by Sheriff on receipt of certificate
9(5)On receiving the certificate the sheriff shall make a further seizure of the lands and tenements, or goods and chattels, or both, as the case may be, of the debtor to the amount of the debt so claimed, and the sheriff’s fees; and so on from time to time in case more certificates are received after the further seizure so made.
Duration and renewal of certificate of clerk
9(6)A certificate under this Act remains in force for three years from the date thereof, and no longer unless renewed, but a certificate may be renewed in the same manner as a writ of execution, but notwithstanding the expiry of a writ or certificate during the month in which a notice of levy having been made is required to be posted, the writ and certificate shall, as to any money levied during the month, be deemed to be in full force and effect.
R.S., c.50, s.9; 1966, c.43, s.3; 1979, c.41, s.32