Are you learning about the court order enforcement act regulations? Are you worried about someone using the Court Order Enforcement Act against you? Or maybe you are trying to get paid from your judgment? This article will teach you what you can do. If it’s not too late for you, we suggest you hire a lawyer to help you win your case. Many people leave hiring a law firm until it’s too late. Then suddenly they have to try and hide assets because they have lost their case.
If you need a lawyer, fill out the form on the side of this page.
A lawyer can help you:
- deal with a judgment creditor
- court order enforcement
- win a small claims case in provincial court
- registration of the judgment
- enforce a judgment on personal property
- register an interest in land
- get an order for land sold
- get a certificate of judgment
- receive a garnishing order
- deal with the Land Title Act
Registration Of The Judgment
Winning a lawsuit is a big step. In Supreme Court or Superior Court, it can take many years to get to this point. Assuming the other party doesn’t appeal, it’s now time for you to try and collect your judgment. If you have a family law case, it’s normally easier to get paid. There are government organizations that help people collect child and spousal support. An example of this is the family responsibility office.
Let’s say that you are awarded $15,000. How can you get paid? The first step is to file the order. This means that you need to put the judge’s order in writing, and then file it with the court. This means that you should bring a notepad and pen with you to court. You need to be able to clearly write down the judge’s order. If you don’t understand something, ask the judge. If you make a mistake, then your order might be thrown out later.
You will then file the order with the registry. Assuming you wrote the information correctly, the court staff will sign the order. This will allow the order to be placed into the court system. Filing the order is the first step before you can get paid. The courts will not collect the money for you.
Money Due And Owing | Court Order Enforcement Act Regulations
You will then send a copy of the order to the opposing party. You will include a letter saying how and when you want to get paid. Provide information on if you are open to receiving payments over time. You want to make the information clear in your letter. You can say they must pay it right away. The order is only valid for ten years.
You are now a creditor and the other party is the debtor. Keep in mind that sometimes creditors never get paid. Other times it’s easy to get paid. Working with a payment schedule can make it easier to get paid. The first step is often a payment hearing. You cannot take any other action until the payment hearing happens.
If you get summoned to court and you are the respondent and you don’t show up, they can be arrested. If the creditor doesn’t go, they can do the hearing without the creditor. You do not go over your case again during a payment hearing. It’s only to go over the assets and debts of the respondent. Debtors can have to show how much income they receive.
Personal Property And The Court Order Enforcement Act
You can also garnish wages from someone’s employer. This can get complicated, so it’s best to hire a lawyer. There are a lot of steps, and they all must be done perfectly and in order. It’s unbelievable how hard it can be to get paid once you have an order.
The debtor can also apply to the court to get rid of the garnishment order if it’s causing too much of financial hardship. It’s also possible to seize someone’s car. It will then be sold at public auction. It’s often very expensive for a plaintiff to do this.
A lien against the title of a property is often the easiest way to get paid. You have to renew the registration every two years.
You can also hire a collections agency which will cause credit problems for the debtor. Most collections agencies will take a percentage of the money owed.
Debtors can also sometimes go to jail for 20 days if they are not taking court seriously.
Court Order Enforcement Act Regulations FAQ
Even though the judge ruled in your favor, does it mean you will get paid for sure?
No, you still might not get paid. You can ask the judge to talk to the defendant about a payment schedule. There might be another hearing to do this. This is called a payment hearing.
What happens at the payment hearing?
The person who owns money will have to bring a copy of their financial information for the judge to review. It also gives the defendant a chance to have their side heard.
Is there anything else the judge can do?
The judge is also able to make an order for a payment schedule without the defendant agreeing.
Is it possible for the defendant to request a payment hearing?
Yes, if your income situation changes, you can ask the judge to reconsider. You would need to speak to the court staff or hire a lawyer. Things can get complicated with hearings.
In conclusion, if you want to learn more about family law, see our videos.