Sentences with phrase «of judgment debtors»

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.

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.

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 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.

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 **.

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...

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.

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

To enforce the judgment, the judgment creditor may seek an order from the court to have the appropriate authority seize property of the judgment debtor in order to satisfy the judgment.

Not exact matches

The presbyters must be tenderhearted, merciful toward all, turning back [the sheep] who have gone astray, visiting the sick, not neglecting widow or orphan or poor man, abstaining from all anger, respect of persons, unrighteous judgment, being far from all love of money, not hastily believing [anything] against any one, not stern in judgment, knowing that we are all debtors because of sin.7

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.»

Included in this legislation is a new exemption from the satisfaction of a money judgment for a vehicle not exceeding $ 4,000 above the debtor's liens and encumbrances ($ 10,000 for a vehicle equipped for use by a disabled person) and a raise of the bankruptcy exemption accordingly.

«I would like to assure all public spirited Ghanaians that should I be given the opportunity to examine the Judgment Debtor, Alfred Agbesi Woyome, in Court the good people of Ghana will hear and see the beneficiaries of the unconstitutional judgment debt in the NDC and this Government,» Mr Amidu stated in his application which he filed on November 10.

The filed Judgment is a LIEN against any / all real property owned by the DEBTOR and located in Erie County, for a period of 10 years from date of entry of judgment in the original court.

If the DEBTOR fails to pay within 30 days of the date of judgment date (and files no appeal), the CREDITOR may request a SHERIFF»S EXECUTION from the COUNTY CLERK»S OFFICE giving the Sheriff's Department full authority to seize money or property as payment toward the Judgment.

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.

Exemption laws have been enacted by every state as well as the federal government to protect the property of debtors against the claims of judgment creditors and, once a bankruptcy case is filed, the trustee.

Under New York law, a judgment creditor may then garnish 10 % of gross wages, put a lien against real estate (but not actually sell the real estate, if it is the debtor's residence, in most cases) and seize bank accounts if the balance is over $ 1,740.00.

While 93 percent of people who are sued for credit card mistakenly do not respond to a summons for credit card and end up with a default judgment against them (according to the New York Times article mentioned below), there is plenty of hope for any «guilty» debtor who answers a credit card debt summons.

For example, a government - backed loan in default can subject the borrower to an administrative wage garnishment (that is, a garnishment without the creditor first obtaining a court judgment) of 15 % of disposable income, and this would be in addition to any state law garnishment by another creditor (under New York law, of several creditors have judgments against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a state law garnishment.A borrower can also lose tax refunds if in default on a government student loan.

The tools that creditors may use to enforce judgments vary from state to state, and California allows one of the worst ones, at least from a debtor's point of view: wage garnishment.

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

In order to seize property owned by a debtor to satisfy a debt, you must first file a lawsuit proving the debt claim in order to obtain a judgment of the court for satisfaction of the debt.

In general, the last collection resort for lenders is filing a lawsuit and, if a court judgment is granted, the lender can garnish a portion of the debtor's wages, which may force an eventual bankruptcy filing.

Once a creditor is armed with a judgment order of a court of legal jurisdiction, the creditor can proceed to attach or seize assets of the debtor, but only under legal procedures and guidance.

Prior to entry of judgment on a consumer credit transaction, the creditor may not attach unpaid earnings of the debtor by garnishment.

Notwithstanding the garnishment procedure otherwise applicable after judgment, with respect to a consumer credit transaction, the amount of unpaid earnings of the debtor subject to garnishment shall not exceed the lesser of:

These exceptions could be broadly categorized as (1) debts owed to the government or subject to a court order, such as certain tax debts or child support obligations; and (2) debts incurred through some fault of the debtor, such as those arising from civil judgments for fraud or other injury.

If you have questions or need more information about enforcing a judgment, visit the Self Help Center or check the Debtor / Creditor page of this site.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

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.

If the debtor does not pay the amount of a Small Claims Court judgment and does not work out a payment plan, a creditor must wait 30 days from the date of the judgment before using other legal means to collect.

If the debtor does not file an appeal, the creditor can then use legal means to collect the amount of the 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.

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.

up private litigation where it promotes the use of legal machinery to oppress: as, for example, to so discord in a family; [Footnote 20] to expose infirmities in land titles, as by hunting up claims of adverse possession; [Footnote 21] to harass large companies through a multiplicity of small claims; [Footnote 22] or to oppress debtors as by seeking out unsatisfied judgments.

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).

«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.

Represented founder, President, and Chief Executive Officer of a distributor of consumer electronics with gross revenues of approximately $ 20 million in connection with all facets of companies» Chapter 11 bankruptcy cases, including critical strategic planning with respect to $ 45 million federal court judgment against Debtor - companies and their President.

Conventional efforts to collect on a judgment — identifying and executing on a debtor's property — is increasingly ineffective in the face of sophisticated methods open to litigants to conceal, transfer and structure assets and commercial activities across multiple jurisdictions.

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.

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

Entered nondischargeability judgments against bankruptcy debtors after having previously represented the creditor in a Superior Court trial to judgment against the same debtors for theft of trade secrets.