Halsbury's Laws of Canada – Debtor and Creditor (2022 Reissue)
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A right without a remedy is no right at all, and this is no better demonstrated than with respect to the ability to collect debts that are owed. Halsbury's Debtor and Creditor (2022 Reissue) deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors. This valuable title includes a discussion of important issues such as:
- Statutory framework
- Debt repayment and set-off
- Common law, statutory, equitable and repairers’ liens
- Creation, validity and enforcement of liens
- Liens on motor vehicles and other chattels
- Pre-judgment remedies
- Pre-judgment garnishment
- Enforcing judgments and orders
- Examination of debtor
- Garnishment after judgment
- Legal execution
- Seizure and sale of personal property
- Seizure and sale of land
- Death of a debtor
- Exemptions from execution and garnishment
- Priorities on distribution of proceeds
- Additional remedies for creditors
- Fraudulent conveyances and fraudulent or unjust preferences
- Equitable execution
- Arrest and imprisonment of debtor
Table of contents
III. Pre-judgment Remedies
IV. Enforcing Judgments or Orders
V. Additional Remedies for Creditors
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