Mod 7 Flashcards
What are the three docs sent to the CEA?
-Letter of Instruction
-Warrant
-Writ of Enforcement
What two options for sale are available to an unsecured creditor?
-public auction
-private sale
How long does the CEA have to sell the seized goods?
90 days
When must the debtor and creditor be notified of the proposed sale?
15 days prior
What is a ‘distributable fund’?
money from the sale of seized assets
How many days do the writ holders have to object to the Notice of Proposed Distribution?
15 days
What doc hires the CEA and advises if there is any urgency to the matter? Who prepares it?
-Letter of Instruction
-unsecured creditor or unsecured creditor’s lawyer
What doc gives the debtor a detailed desc of their property subject to seizure and who prepares it?
-Notice of Seizure of Personal Property
-CEA
What doc provides the registration number for the Writ of Enforcement and sum of money owing to the creditor? Who prepares it?
-Warrant (Writ of Enforcement)
-unsecured creditor/unsecured creditor’s lawyer
What doc lists exempted property for the debtor? Who prepares it?
-Information for Debtor form
-CEA
What doc identifies what property is being seized and who prepares it?
-Seizure Sticker
-Bailiff (CEA)
What doc lists the reasons the debtor feels their property should not be seized or sold?
Notice of Objection to Seizure of Personal Property
What doc tells the debtor and creditor when and where the property is being sold by public auction? Who prepares it?
-Notice of Proposed Method of Sale
-CEA
What three delivery methods are used to deliver the required documentation to the CEA?
-fax
-courier
-email
What situations may stop a CEA from proceeding with seizure?
-the judgment is being appealed
-the debtor has declared bankruptcy
-the court has ordered a stay
-debtor has entered the Orderly Payment of Debts Program
