Saskatchewan Government Tables Money Judgment Enforcement Legislation

December 14, 2009No Comments

Government Tables Money Judgment Enforcement Legislation

The Saskatchewan Government has introduced legislation to change the procedure for the enforcement of money judgments.

The Enforcement of Money Judgments Act, will replace outdated Acts to introduce a new and effective enforcement process.

“We believe this Act will dramatically improve access to justice for individuals who have gone through the court processes,” Justice Minister and Attorney General Don Morgan said. “Where someone has achieved a judgment through the courts, that person will now be better able to effectively collect on that judgment.”

Under the proposed Act, creditors will have their judgment recorded in a province-wide electronic judgment registry. Once the judgment is registered, the sheriff’s office can be directed to seize and sell property of the judgment debtor in order to satisfy the judgment. Some property, however, is exempt from seizure, such as those that provide for the debtor’s basic needs. The proceeds of the sale will then be shared among registered judgment creditors.

The new Act will make the seizure and sale of assets more modern and efficient. Specialized enforcement proceedings are introduced that take into account the unique characteristics of several forms of property including land, securities, debts and accounts owing to a judgment debtor, interests under leases, contracts of sale and security agreements, fixtures and crops and intellectual property.

Tags: , , , , , , , Consumer Affairs, Financial Regulation, Justice

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