Is a debt attached to the judgment debtor while execution of the judgment is stayed?
Saskatchewan, Canada
The following excerpt is from Prince Albert Credit Union v. Diehl, 1984 CanLII 2237 (SK QB):
It has long been recognized that a judgment debt may be attached while in the hands of the judgment debtor. Holtby v. Hodgson (1889), 24 Q.B.D. 103. However, I am unable to find any case deciding whether such a debt may be attached while execution of the judgment is stayed. It seems to me a doubtful proposition.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances would the execution of an execution be postponed if the execution costs became so high that the execution would not have to be withdrawn? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Can a garnishee process attachable to a judgment debt that has been stayed pending appeal? (Saskatchewan, Canada)
Does the mere taking of an appeal against a judgment against the judgment is binding and conclusive? (Saskatchewan, Canada)
Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated? (Saskatchewan, Canada)
Is it in the best interest of the child to lift the stay of execution on paragraph 2 of the interim order? (Saskatchewan, Canada)
Can a consent judgment be set aside if the consent was executed by counsel and issued by the court? (Saskatchewan, Canada)
What is the test for determining the best interests of the child in an application for a stay of execution? (Saskatchewan, Canada)
Does a garnishee order against the executors of a judgment debtor have to prove that they are not personally charged? (Saskatchewan, Canada)
What is the test for lifting a stay of execution of an order respecting the custody of a child? (Saskatchewan, Canada)
