What is a Judgment?
Whenever there is a civil or a criminal case filed in a court of Law, once the hearing is over, the judge and jury deliberate over the relevant facts of the case before them and arrive at a conclusion. This conclusion is called a verdict or judgment. This judgment is binding on both the plaintiff and the defendant. Their only recourse in case they feel dissatisfied with the verdict is to appeal in a higher court. In civil suits for reclaiming loans etc. a default judgment may be obtained by the creditor to recover bad debts. This is enforceable as it is issued by a judge and the creditor can garnish the debtor�s paycheck and other assets. One can obtain a judgment against a debtor who is unwilling or refuses to repay his loans or credit card dues and then enforce it to recover his money.
In cases where the creditor does not have enough information for garnishment of the debtor�s assets or paycheck in lien of his loan dues, a judgment is the only option available to him. In legal parlance it is called judgment debtor examination. It forces the debtor to appear in court and take responsibility for repaying his loan. If the debtor is found to be untruthful about any assets he possesses, he can be held in contempt of court and face jail time or a hefty fine. In Canada each province has a different process for debtor examination. Once you know the process, you can move the court and have the judgment enforced. Ideally the debtor examination should be done as soon as possible after obtaining the judgment to ascertain the debtor�s assets, maximum within 30 days.
The judgment along with the debtor examination notice has to be served in the province where the debtor resides in. If the debtor does not show up at the examination or fails to respond, the judge may conduct the examination in his absence, but still will be binding on the debtor. Once the examination is conducted according to the court�s directions, the judge makes his judgment which is a formal order for the debtor to repay his debts. But while the court order is in force, the creditor is prevented from further harassing the debtor.
If after a reasonable period of time the debtor fails to respond or repay the loan, then he can be held in contempt of court for violating a direct court order. Once the judgment has been pronounced and the debtor does not comply, the creditor can move the court for seizure of the debtor�s assets. He can do so after informing the bailiff in the court of the debtor�s jurisdiction of the valid judgment in his favor and his intentions to recover his overdue loan. Once the creditor receives a writ from the court bailiff empowering him to seize the property of the debtor, he can do so with a few exceptions � everyday clothes, utensils, farm equipment in case debtor is a farmer, etc. The judgment can be enforced within six months from the date it is issued and can be renewed if necessary.
Whenever there is a civil or a criminal case filed in a court of Law, once the hearing is over, the judge and jury deliberate over the relevant facts of the case before them and arrive at a conclusion. This conclusion is called a verdict or judgment. This judgment is binding on both the plaintiff and the defendant. Their only recourse in case they feel dissatisfied with the verdict is to appeal in a higher court. In civil suits for reclaiming loans etc. a default judgment may be obtained by the creditor to recover bad debts. This is enforceable as it is issued by a judge and the creditor can garnish the debtor�s paycheck and other assets. One can obtain a judgment against a debtor who is unwilling or refuses to repay his loans or credit card dues and then enforce it to recover his money.
In cases where the creditor does not have enough information for garnishment of the debtor�s assets or paycheck in lien of his loan dues, a judgment is the only option available to him. In legal parlance it is called judgment debtor examination. It forces the debtor to appear in court and take responsibility for repaying his loan. If the debtor is found to be untruthful about any assets he possesses, he can be held in contempt of court and face jail time or a hefty fine. In Canada each province has a different process for debtor examination. Once you know the process, you can move the court and have the judgment enforced. Ideally the debtor examination should be done as soon as possible after obtaining the judgment to ascertain the debtor�s assets, maximum within 30 days.
The judgment along with the debtor examination notice has to be served in the province where the debtor resides in. If the debtor does not show up at the examination or fails to respond, the judge may conduct the examination in his absence, but still will be binding on the debtor. Once the examination is conducted according to the court�s directions, the judge makes his judgment which is a formal order for the debtor to repay his debts. But while the court order is in force, the creditor is prevented from further harassing the debtor.
If after a reasonable period of time the debtor fails to respond or repay the loan, then he can be held in contempt of court for violating a direct court order. Once the judgment has been pronounced and the debtor does not comply, the creditor can move the court for seizure of the debtor�s assets. He can do so after informing the bailiff in the court of the debtor�s jurisdiction of the valid judgment in his favor and his intentions to recover his overdue loan. Once the creditor receives a writ from the court bailiff empowering him to seize the property of the debtor, he can do so with a few exceptions � everyday clothes, utensils, farm equipment in case debtor is a farmer, etc. The judgment can be enforced within six months from the date it is issued and can be renewed if necessary.
