Chapter 1 writ of execution

Question 1

After buying her fourth car, Jessie decides that it is time to build a new garage. Although she is not a professional, she is handy with tools and decides to design and build the garage herself. Once the garage is built, Jessie invites her neighbour, Steve, to her house to view her new garage. Steve thinks that the garage is unsightly and demands that she tear it down. Jessie, of course, refuses. That night, Steve drives his car through the garage, destroying months of hard work. Jessie successfully sues Steve and obtains an award of $80,000 for damages. Steve feels that the decision of the court is unfair and refuses to pay it. Which of the following steps may Jessie take?

1. Jessie can send a writ of execution to Steve and then personally seize and sell enough of his property to pay the judgment.
2. Jessie can apply to have a garnishing order served on Steve’s employer, ordering the employer to pay all of his wages into the court. She can then apply to have all of the money paid out to her.
3. Jessie can register her judgment in the land title office against Steve’s title and apply to the land title registrar for a judicial sale of Steve’s property; after the payment of prior charges on title, the proceeds will go towards paying the judgment.
4. Jessie may do none of the above.

Answer 1

Correct Answer: 4

A writ of execution cannot be issued by the judgment creditor.

At the request of the judgment creditor, the court issues a writ of execution to the sheriff, directing the sheriff to seize and sell enough of the debtor’s assets to pay the judgment.

Where a third person owes money to the judgment debtor, the plaintiff can obtain that money by means of a garnishing order.

However, the plaintiff cannot obtain all of an employee’s wages. Seventy percent of the wages are exempt from seizure.

A judgment creditor can register a judgment in the land title office against the debtor’s title, but must apply to a court (not the registrar) for a judicial sale.

Question 2

Elaine obtained a judgment against Jerry for $35,000. Several months have passed and Jerry continues to refuse to pay Elaine anything. Which of the following steps is open to Elaine to enforce the judgment?

a. Elaine may register the judgment as a charge on Jerry’s land; this would prevent any sale of it from completing because title to the property could not be transferred until the judgment was satisfied.

b. Elaine may apply to have a garnishing order served on Jerry’s employer, ordering the employer to pay all of Jerry’s wages into court; Elaine could then apply to have that money paid out to her.

c. Elaine may send a writ of execution to Jerry and then personally seize and sell enough of his assets to satisfy the judgment.

d. Elaine may register her judgment in the land title office and apply to the court for a judicial sale of Jerry’s property, the proceeds of which would go towards paying off the judgment, following payment of prior charges.

1. All of the above
2. A and B only
3. C and D only
4. D only

Answer 2

Correct Answer: 4

A judgment creditor may apply to court for a judicial sale of the land. Registering a judgment against land does not prevent the subsequent sale of the land; garnishment is only available against a portion of a judgment debtor’s wages; and, seizure and sales is not personally effected by a private judgment creditor, but rather through the sheriff’s office.