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Acts and Regulations
2013, c.23
- Enforcement of Money Judgments Act
Summary
Regulation
1
Chapter
Title
2019-32
General
Full text
Detailled Table of Contents
Current to 1 January 2024
Enforcement ofMoney Judgments Act
1
 DEFINITIONS, INTERPRETATION AND APPLICATION
1
Definitions
2
Application
3
Federal Court judgments
2
 GENERAL
4
Chief Sheriff
5
Sheriff’s officers
6
Liability protection for sheriffs
7
Consent
8
Sheriff’s authorization
9
Forms of documents
10
Court determinations
3
 PRESERVATION ORDER
11
Definitions
12
Application for preservation order
13
Issuing and contents of preservation order
14
Undertaking by claimant
15
Depreciating assets
16
Duration
17
Variation and termination
18
Registration
19
Assisting non-compliance
20
Application by judgment creditor
4
 REGISTRATION
21
Registration
22
Duration of registration
23
Revision of registration
24
Revision of registration - Personal Property Registry
25
Revision of registration - registered land
26
Revision of registration - unregistered land
27
Revision not required
28
Effect of registration - personal property
29
Priorities - personal property
30
Effect of registration - land
31
Effect of registration - valuable rights
32
Expiry of Registration
5
 EXAMINATION OF JUDGMENT DEBTOR
33
Examination
34
Order to attend
35
Procedure
36
Adjournment
37
Non-cooperation
38
Order
39
Review
40
Expenses of the examination
41
Referral to judge
6
 ENFORCEMENT INSTRUCTION
42
Delivery of enforcement instruction
43
Additional information
44
Change of circumstances
45
Withdrawal of enforcement instruction
46
Termination of enforcement instruction
47
Multiple enforcement instructions
48
Subsequent enforcement instruction
49
Expiry of Registration
50
Liability protection for instructing creditor
7
 ENFORCEMENT ACTION - GENERAL
51
Demand for payment
52
Information
53
Statement of property and liabilities
54
Duty to disclose
55
Examination of judgment debtor
56
Demand for information
57
Seizure of property
58
Methods of seizure
59
Sheriff’s power of entry
60
Sheriff’s directions
61
Record of seizure
62
Effect of seizure
63
Objection
64
Release from seizure
65
Power of sheriff re seized property
66
Sheriff’s certificate
67
Purchases from the sheriff
68
Sheriff not required to act
69
Sheriff may require payment, security or indemnity
8
 ENFORCEMENT ACTION - SPECIFIC PROPERTIES
70
Application
71
Contents of buildings, enclosures or containers
72
Crops and fixtures
73
Co-owned property
74
Partnership property
75
Leases, contracts for sale and security agreements
76
Intellectual property
77
Licences
78
Securities and security entitlements - general
79
Securities with transfer or purchase restrictions
80
Accounts
81
Employment income
82
Payments under trusts
9
 EXEMPTIONS
83
Application of Part
84
No waiver of exemptions
84.1
Property exempt from seizure
85
Property exempt from realization
86
Determination of exemptions
87
Selection by judgment debtor
88
Excess value
89
Survival of exemption
90
Loss of exemption
10
 APPLICATION OF ENFORCEMENT PROCEEDS
91
Order of application
92
Multiple instructing creditors
93
Notification and objection
94
Payment into court
11
 RECEIVERSHIP
95
Appointment of receiver
96
Duration of receivership
97
Authority of receiver
98
Court approval of receiver’s costs, fees and expenses
99
Payment of amount recovered
12
 REGULATIONS
100
Regulations
13
 TRANSITIONAL PROVISIONS AND COMMENCEMENT
101
Existing enforcement proceedings
102
Existing notice of judgment
103
Existing memorial of judgment
104
Commencement
0
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