Sentences with phrase «judgment debtor»

Once a decree enforcing the foreign judgment has been obtained from the Myanmar courts, it may be executed by attachment and sale of any property, by arrest and detention in prison, garnishee order and application for examination of judgment debtors.

Summer students will meet directly with clients, attend courtroom proceedings, and handle Small Claims Court files and judgment debtor examinations.

As such, this freestanding jurisdiction to order disclosure in aid of enforcement is similar to the disclosure regime for judgment debtors under the English CPR Part 71, and does not necessarily require evidence of dissipation of assets.

This caused an undesirable barrier to those wishing to register a foreign judgment in the BVI against a foreign judgment debtor from a non-Part 72 country, who had assets in the BVI.

This is the only way out for Ghanaians to stand up for their Constitutional rights and to retrieve the unconstitutional monies created, looted and shared by this Government with its political party supporters who are now unconstitutional judgment debtors to the Republic.

In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts in the enforcement of judgments by ordering judgment debtors within its jurisdiction to make disclosure of their worldwide assets.

Immediately after the Supreme Court's decision the lootee / judgment debtor launched a campaign of vilification against my person, and the Supreme Court as an institution — in words better left unprinted — to the electronic and print media in the forecourt and outside the Court premises, at press conferences and in interviews.

And perfectly horrible for many judgment debtors.

«You may say everybody is entitled to privacy, but I say judgment debtors are not entitled to privacy,» says Grange, noting tips such as where a debtor is working may lead to enforcement through a garnishment order.

But there was nothing in CPR 71 to enable the court to summon a third party witness who might have information about the personal judgment debtor's assets.

Just before Christmas the Ontario Court of Appeal released a split, 3 - 2, decision in a case that pitted the privacy rights of judgment debtors against the execution rights of judgment creditors.

In this case, however, the Court is asked to determine whether the Ontario courts have jurisdiction to recognize and enforce an Ecuadorian judgment where the foreign judgment debtor, Chevron Corporation («Chevron»), claims to have no connection with the province, whether through assets or otherwise.

He said in a statement at the time that: ``... I have this morning 4th November, 2016 filed an application at the Supreme Court for leave to examine the judgment debtor as the citizen public interest plaintiff in favour of whom the case was decided for the Republic of Ghana.»

In spite of the concerted argument of both the looter Government and unconstitutional lootee (now styled judgment debtor), the Supreme Court has granted my application to examine the lootee / unconstitutional judgment debtor on 24th November 2016.

The actual text of the statute regarding accounts with direct deposits of exempt funds refers to the «judgment debtor's account», singular.

A judgment debtor can also request the wage garnishment amount be adjusted.

The defense then sought to take a judgment debtor examination of guardian, personally, in order to see if there were assets to satisfy the $ 12,120.60 costs award.

Would you like some new and inexpensive ways to: prove that an ex-spouse can afford to pay child support, find a disgruntled former employee who knows where the skeletons are hidden, locate assets of a judgment debtor, serve process when you don't have a current address, identify an expert witness, find lost heirs, or uncover bias in potential jurors?

Although those assets were not specifically caught by the freezing order, the Court was satisfied that it would not be possible to police Zamin's obligations under the freezing order unless information as to the assets held by the subsidiaries was disclosed, concluding that «it must be information as to assets within a corporate structure beneath a judgment debtor that a judgment creditor needs in order to execute the judgment anywhere in the world».

Where the Jersey Court has in personam jurisdiction over the judgment debtor, such disclosure orders could be granted in respect of a judgment debtor's worldwide assets, even if only assets within the jurisdiction had been frozen **.

The plaintiff provided no evidence with respect to the judgment debtor's alleged bankruptcy, nor did he explain how proceeding more expeditiously would have enabled him to enforce his judgment.

10) For the purposes of the free movement of judgments, judgments given in a Member State bound by this Regulation should be recognised and enforced in another Member State bound by this Regulation, even if the judgment debtor is domiciled in a third State.

Where the application was without notice, the judgment must be served in the same manner as a statement of claim set out in the Alberta Rules of Court, and the judgment debtor has one month to apply to the Court to have the registration set aside.

Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied.

the judgment debtor would have a good defence if an action were brought on the original judgment.

Where notice is given to the debtor, there are a limited number of defences available to the judgment debtor.

Amended Rule 7 specifies that the judgment creditor must send a copy of any disclosure order to the judgment debtor and must file a certificate of service.

To address the issue of the writ, K requested that Kliczka attend immediately at his office, where Klickzka falsely swore a statutory declaration that he was not the judgment debtor described in the writ.

However, it remains to be seen how the Execution Court will treat the DIFC judgment if the judgment debtor raises an argument that the DIFC Court has been used as a conduit to enforce a foreign judgment in Dubai without having had to go through the Dubai Courts.

The application can be made ex parte, that is, without giving prior notice to the judgment debtor, provided that the judgment debtor

and the appeal period has expired, or the judgment debtor has appealed and the appeal has been dismissed.

the judgment debtor did not carry on business or ordinarily reside in the jurisdiction in which the judgment was granted, and did not appear or submit to the jurisdiction of that court in the proceedings;

As a consequence of the DIFC Court's decision in DNB Bank ASA v (1) Gulf Eyadah Corporation (2) Gulf Navigation Holdings PJSC, we have been approached by several clients enquiring about enforcing money judgments obtained from foreign Courts through the DIFC Courts, in situations where the judgment debtor does not have assets within the DIFC but does have assets on mainland Dubai.

If the above conditions are not met, notice of the application to enforce the judgment must be given to the judgment debtor in accordance with the Alberta Rules of Court.

If the judgment debtor has assets in Dubai, the judgment creditor can now apply to the DIFC Court for referral of the DIFC Court judgment to the Dubai Courts for enforcement, through the enforcement section of the Dubai Courts (the Execution Court).

The Execution Court has registered the claim and is currently in the process of serving the judgment debtor.

The Interpretation Bulletins allow for the acceptance of an affidavit by a judgment debtor, where the amount of the writ of seizure does not exceed $ 50,000.

Normally, a judgment creditor will choose to commence recognition and enforcement proceedings in a forum where the judgment debtor has assets.

3 Sept. 6, 2013)(unpublished), the trial judge entered a $ 50,660.75 judgment even though the circumstances demonstrated that judgment debtor's full performance might have resulted in a judgment of only $ 19,423.78 under a settlement structured through a held stipulation for judgment arrangement.

This is a valuable tool for judgment enforcement as the judgment debtor is only allowed to raise a few defences to the registration of the judgment.

The judgment debtor acknowledges that it owns assets in the United States.