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Revised Statutes of Newfoundland 1990


CHAPTER J-1

AN ACT TO REVISE THE LAW RESPECTING PAYMENT OF JUDGMENT DEBTS BY INSTALMENTS

Analysis

1. Short title

2. Definition

3. Judgment may be made payable by instalments

4. Proceedings upon default

5. Minister of Social Services may intervene where order for warrant of attachment filed


Short title

1. This Act may be cited as the Judgment Debts Instalments Act.

RSN1970 c185 s1

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Definition

2. In this Act "court" means

(a) the Supreme Court or a judge of the Supreme Court;

(b) the Trial Division or a judge of the Trial Division; or

(c) a court of summary jurisdiction or a Provincial Court judge.

RSN1970 c185 s2

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Judgment may be made payable by instalments

3. Where judgment has been obtained for a sum of money the court may, on the application of the person against whom the judgment is obtained or of the Minister of Social Services, order that sum and the costs to be paid at the time or times and by instalments, as the court thinks appropriate, and the money shall be paid into court.

RSN1970 c185 s3

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Proceedings upon default

4. Where a court has made an order under section 3 execution upon the order shall not issue against whom the order has been made until after default in payment of some instalment according to the order, and execution or successive executions may then issue for the whole of that sum of money and costs then remaining unpaid or for the portion unpaid as the court may order either at the time of making the original order or at a subsequent time.

RSN1970 c185 s4

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Minister of Social Services may intervene where order for warrant of attachment filed

5. Where a plaintiff in an action applies to a judge of the Supreme Court in accordance with the Judicature Act for an order or the judge has filed an order for the issue of a warrant for the attachment of the property, debts, effects and choses in action of the defendant in the action, the Minister of Social Services may

(a) before the order is filed, be heard against the filing of the order; or

(b) after the order is filed, by summons returnable not less than 2 days after service, apply to the judge to set aside the order,

and the judge may make the order as he or she considers proper in the circumstances.

RSN1970 c185 s5

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