Sentences with phrase «many judgment debtors»

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.»

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 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 right of a judgment debtor to accelerate payment of part or all of the death benefit or special surrender value under a life insurance policy, as authorized by paragraph one of subsection (a) of one thousand one hundred thirteen of the insurance law [* see below], or to enter into a viatical settlement pursuant to the provisions of article seventy - eight of the insurance law, is exempt from application to the satisfaction of a money judgment.

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

And perfectly horrible for many judgment debtors.

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

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.

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.

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?

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.

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

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.

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

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 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;

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.

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).

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.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

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.

No doubt that practical commercial reality accounts for the paucity of Canadian cases in this area — judgment creditors tend to go forward only in those jurisdictions where little doubt exists that their judgment debtors possess assets.

Yet, the plaintiffs have not sought the recognition and enforcement of their foreign judgment in the place of their judgment debtor's residence or place of business and, instead, have come to Ontario arguing that the assets nominally held by a stranger to the foreign Judgment should be made available to satisfy it.

[81]... In an age of electronic international banking, funds once in the hands of a judgment debtor can quickly leave a jurisdiction...

Judgment creditor plaintiffs generally do not throw good money after bad by going around seeking to enforce their foreign judgments in jurisdictions in which their judgment debtors do not have assets.

The Supreme Court of Canada has recently stated in Chevron Corp. v. Yaiguaje that a party seeking enforcement of a judgment in Ontario does not have to show a real and substantial connection between Ontario and the foreign judgment debtor.

Our firm has experience with both advancing and defending against counterclaims by Ontario judgment debtors.

For example, our firm recently acted for the Plaintiff, a U.S. judgment debtor, on a successful motion to dismiss a counterclaim brought to an Ontario judgment creditor — see the decision here.

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.

The court approved a request to add Bluford's wife as a judgment debtor.

Our lawyers can act in large Ontario judgment debt and arbitration award collection matters to enforce judgment creditor's remedies or to defend the judgment debtor's rights.

However, in Rickard, the Court of Appeal has now clarified the law on this point by concluding that a twenty - first century application of the statutory power to appoint a receiver by way of equitable execution should not preclude that receiver's appointment over a legal interest in the property of a judgment debtor.

These are in addition to examination in aid of execution (formerly called a judgment debtor examination), garnishment proceedings and seizure and sale of land.

To explain how this arose, some further facts are needed: the Bank's case is that Mr Ablyazov (the judgment debtor, subject to a worldwide freezing order) and his son - in - law Ilyas Khrapunov (the third party) hatched a conspiracy in the jurisdiction in about 2009.

The Ontario Superior Court recently recognized a novel way for judgment creditors to move for a sale of their judgment debtors» property, outside of the sheriff's sale process set out in the Execution Act.

2 Sept. 25, 2014)(unpublished) is a real imbroglio involving bankruptcy adversary and state court proceedings in which vexatious litigant orders and fee recovery orders were entered, eventually with an attorney for a vexatious litigant being added as a judgment debtor for purposes of certain vexatious litigant sanctions rulings.

However, the court confirmed that the enforcement mechanisms provided for in CPLR Article 52 may still be asserted against a bank, and that these mechanisms constitute the exclusive relief available to a judgment debtor when the EIPA has been violated.

$ 11 million dollar judgment in creditor's bill proceeding against customer of a judgment debtor in a trade secret matter.

Under the AJA and FJA, enforcement proceedings can not commence until the registration order has been served on the judgment debtor and the specified time limit for the judgment debtor to challenge the registration has expired.

The claimant must also file and serve «particulars of claim» on the judgment debtor, setting out the circumstances of the foreign judgment.

Under the AJA and FJA, the application for registration must be made at the High Court and may be made without notice to the judgment debtor.

If enforcement is resisted on these grounds, they should be set out in the written statement filed by the judgment debtor in response to the plaint.

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.

application for garnishee orders requiring third parties, such as banks, who are indebted to the judgment debtor to pay the judgment creditor the amount of any debt due or accruing due to the judgment creditor in satisfaction of the judgment;

A Minnesota court will pierce the corporate veil where (1) a judgment debtor is the alter ego of another person or entity and (2) where there is fraud.

In an action to recognize and enforce a foreign judgment where the foreign court validly assumed jurisdiction, there is no need to prove a real and substantial connection exists between the enforcing forum and either the judgment debtor or the dispute.