Legal Question in Credit and Debt Law in Canada

collections

Can a collection agency have any property siezed for payment before a judgement hearing takes place?


Asked on 4/10/09, 12:24 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: collections

This question has been directed to a lawfirm in British Columbia and will be answered with reference to B.C. The law varies from Province to Province, and may not be the same outside B.C. In British Columbia a creditor can obtain a garnishing order agianst money owed to the alleged debtor ordering themoney to be paid into the court trust fund prior to any hearing or judgment on whether or not the money is actually owing. The exception is that wages can not be garnished from an employer before judgment. Property other than money can not be seized prior to judgment, but an order that the alleged debtor can not transfer, mortgage or encumber any of his property can be obtained prior to judgment.

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Answered on 4/10/09, 5:47 pm


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