Sentences with phrase «ordering judgment debtors»

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.

Not exact matches

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.

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.

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 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.

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 **.

If the order is unpaid by the debtor, you are considered a judgment creditor and have tools to enforce the debt.

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.

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.

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.

Generally speaking, once a foreign judgment is recognised and enforced, the creditor may request a seizure order against all the assets of the debtor and the court will hold auctions to sell those assets to satisfy the debtor's rights in relation to monetary compensation.

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;

The law in this area is far from clear and there tends to be an element of something going beyond mere non-payment, such as effort to hide assets such as in Parent, however, the law does seem to have evolved to provide that a court may direct payment of funds — in contrast to simply directing a judgment — and if the creditor can establish the debtor was aware of the order, had the ability to comply and refused, it would appear that Rule 10.52 (3) will not prevent a Court from jailing the party in default.

CPR 71.2 provides, so far as is material: «(1) A judgment creditor may apply for an order requiring --(a) a judgment debtor; or (b) if a judgment debtor is a company or other corporation, an officer of that body, to attend court to provide information about --(i) the judgment debtor's means; or (ii) any other matter about which information is needed to enforce a judgment or order.»

The Court stated «[p] rovided the judgment creditor serves the debtor with the motion to obtain disclosure, the creditor should be entitled to an order for disclosure.

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.

Completion of the Judgment Debtor Questionnaire in 2016 therefore does not address what became of the Greenbergs» investment monies for which judgment was granted in 2013, and in respect of which the various orders in the enforcement process were made.

Rule 60.18 allows a creditor to examine a debtor, among other things, about the reason for nonpayment, the disposal of a debtor's property before or after the making of the order, or any other matter pertinent to the enforcement of a judgment.

32 In short, in the absence of some special circumstance, a judge should not vary or rescind an order for the payment of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance of probab - ilities that the former spouse or judgment debtor can not then pay, and will not at any time in the future be able to pay, the arrears.