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Difference between revisions of "Bailiffs, Court Bailiffs and Sheriffs"
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Bailiffs, Court Bailiffs and Sheriffs (view source)
Revision as of 13:31, 12 October 2018
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Repossessions occur in two main instances: | Repossessions occur in two main instances: | ||
* '''Contractual repossessions | * '''Contractual repossessions''': When there is default under a [[Security Agreements|security agreement]] or [[Leases|lease agreement]] between a debtor and creditor.
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* '''Judgment enforcement repossessions | * '''Judgment enforcement repossessions''': When an unsecured creditor wants assets of the debtor seized and sold to satisfy a court judgment.
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It is important to distinguish between these two situations, because the rights and remedies of all the players (including the debtor, creditor, and party doing the repossessing) are different in each situation. | It is important to distinguish between these two situations, because the rights and remedies of all the players (including the debtor, creditor, and party doing the repossessing) are different in each situation. | ||
There is a fundamental difference in the authority and the laws under which each action is taken: | There is a fundamental difference in the authority and the laws under which each action is taken: | ||
* '''Contractual repossessions | * '''Contractual repossessions''': A bailiff carrying out a repossession under a security agreement or a lease agreement is repossessing on the basis of contractual rights governed by the [http://canlii.ca/t/8495 ''Personal Property Security Act''] (see the section on [[Security Agreements]]) or related legislation such as the [http://canlii.ca/t/84bv ''Repairers Lien Act''] (see the section on [[Repairers' Liens|Repairers' Liens]]).
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* '''Judgment enforcement repossessions | * '''Judgment enforcement repossessions''': A court bailiff carrying out a seizure for a judgment creditor does so under a court order governed by the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules] (or the [http://canlii.ca/t/84cs ''Small Claims Act''] and [http://canlii.ca/t/8571 Small Claims Rules]).
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As explained below, a debtor can deal with a repossession problem in various ways. | As explained below, a debtor can deal with a repossession problem in various ways. | ||
