Section 3 definitions "action", "defendant", and "plaintiff" were added by 2010-6-36, effective July 1, 2010.
Section 3 (7) (a) BEFORE amended by 2011-25-316, effective March 18, 2013 (BC Reg 131/2012).
(a) a court order for alimony or maintenance,
Section 5 (3) and (4) BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)
(3) An order under subsection (2) may be made without notice to any person, and the registrar or judge may, if he or she considers it just in view of changed circumstances of the judgment debtor, vary an installment order at any time on application by the judgment creditor or debtor and on 3 days' notice in writing of the application being given to the other party.
(4) If an installment order has been made under subsection (2) or (3) and the judgment debtor is not in default under the order, a further garnishing order must not be made concerning the judgment debt.
Section 5 (7) (b) BEFORE amended by 2016-5-43,Sch 5, effective March 10, 2016 (Royal Assent)
(b) by the issue of a garnishing order against the judgment debtor in a cause of action other than that for which the installment payments were ordered.
Section 5 (1) and (2) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(1) If a garnishing order is made against a defendant or judgment debtor, he or she may apply to the registrar or to the court in which the order is made for a release of the garnishment, and if a judgment has been entered against him or her, for payment of the judgment by installments.
(2) If, under subsection (1), the registrar or judge considers it just in all the circumstances, he or she may make an order releasing all or part of the garnishment and if he or she does and a judgment has been entered, he or she must set the amounts and terms of payment of the judgment by installments.
Section 5 (7) (a) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(7) If an order is made under this section by a registrar or judge on an appeal providing for the release of a garnishing order and payment of the judgment by installments, the order is terminated
(a) if the judgment debtor is in default of paying any of the installments ordered for more than 5 days, or
Section 6 (3) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(3) Service of all garnishing orders, notices and process required to be served on the government as garnishee must be effected by serving them on the Deputy Minister of Finance and Corporate Relations or by leaving them for that deputy minister at his or her office at Victoria and
Section 28 (1) definition of "judgment" BEFORE amended by 2011-25-317, effective March 18, 2013 (BC Reg 131/2012).
"judgment" means a judgment or order of a court in a civil proceeding if money is made payable and includes an award in an arbitration proceeding if the award, under the law in force in the state where it was made, has become enforceable in the same manner as a judgment given by a court in that state, but does not include an order for the periodical payment of money as alimony or as maintenance for a spouse or former spouse or reputed spouse or a child or any other dependant of the person against whom the order was made;
Section 29 (1) BEFORE amended by 2003-29-12, effective May 4, 2006 (BC Reg 121/2006).
(1) If a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to the Supreme Court within 6 years after the date of the judgment to have the judgment registered in that court, and on application the court may order the judgment to be registered.
Section 47 definition of "proceeding" BEFORE amended by 2010-6-37, effective July 1, 2010.
"proceeding" means an action, suit, cause, matter, appeal or originating application;
Section 48 (2) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
(2) The court may provide that an order is payable by installments or may suspend execution for the time it considers proper.
Section 63 BEFORE repealed by 2007-10-111, effective July 1, 2007 (BC Reg 128/2007).
Certain corporations are deemed to be incorporated companies
63 All corporations established for trade or profit, or for the construction of any work, or for the acquisition of gain, are deemed to be incorporated companies for sections 64 to 69, although they are not called companies in the Act or charter incorporating them, or in their memorandum or articles of association.
Section 64 BEFORE repealed by 2007-10-111, effective July 1, 2007 (BC Reg 128/2007).
Shares made liable to seizure
64 All stock, shares and dividends of shareholders in an incorporated company in British Columbia that has transferable joint stock or shares must be held to be personal property, and are liable to genuine creditors for debts, and may be attached, seized and sold under writs of execution in a similar manner as other personal property.
Section 65 BEFORE repealed by 2007-10-111, effective July 1, 2007 (BC Reg 128/2007).
Seizure and sale of shares
65 (1) The sheriff to whom a writ of execution is addressed, on being informed on behalf of the plaintiff that the defendant has stock or shares, and on being required to seize them, must at once serve a copy of the writ of execution on the incorporated company with a notice that all the stock or shares that the defendant has in the capital stock of the company are seized accordingly.
(2) From the time of service, a transfer of the stock or shares by the defendant is not valid unless the seizure has been discharged.
(3) A seizure and sale made under it must include all dividends, premiums, bonuses or other pecuniary profits on the stock or shares seized, and they must not, after notice, be paid by the company to anyone except the person to whom the stock or shares have been sold by the sheriff, unless the seizure is discharged, on penalty of paying it twice.
Sections 66 to 69 BEFORE repealed by 2007-10-111, effective July 1, 2007 (BC Reg 128/2007).
Notice of seizure if company has more than one place for service of process
66 If the incorporated company has more than one place where service of process may be made on it, and there is some place where transfers of stock or shares may be notified to and entered by the company so as to be valid as regards the company, or where the dividends or profits on the stock or shares may be paid other than the place where service of the notice has been made, the notice does not affect any transfer or payment of dividends or profits duly made and entered at any other place, so as to subject the company to pay twice, or to affect the rights of a bona fide purchaser, until after the expiration of a period from the time of service sufficient for the transmission of notice of service by post from the place where it has been made to the other place, which notice it is the duty of the company to transmit by post.
Shares to be personal property at place where notice of seizure served
67 The stock or shares in the capital stock must be held to be personal property, found by the sheriff in the place where notice of the seizure of them is served.
Mode of proceeding to complete sale and transfer
68 If any stock or share is sold under a writ of execution, the sheriff by whom the writ has been executed must, within 10 days after the sale, serve on the incorporated company, at some place where service of process may be made, an attested copy of the writ of execution, with the sheriff's certificate endorsed on it, certifying the name of the purchaser, who is after that the holder of the stock or share, and has the same rights and is under the same obligations as if he or she had duly purchased the stock or share from the proprietor of it, and the proper officer of the company must enter the sale as a transfer in the manner provided by law.
Section 92 (3) BEFORE amended by 2010-6-94,Sch 4 and 2010-6-96,Sch 6, effective July 1, 2010.
(3) Any notice of motion or order made on it under this section may, in any case where in the opinion of the court personal service cannot be reasonably effected, be served in a manner the court directs, and the court may in any case allow service of the notice of motion or order to be made out of the jurisdiction.
Section 96 (3) BEFORE amended by 2010-6-38, effective July 1, 2010.
(3) If in any case substituted service has been ordered by the court on the judgment debtor, of the writ of summons or other process in the proceeding in which the judgment is obtained, the land ordered to be sold must not be sold by the sheriff until it has been advertised as provided in section 97 for 6 months after the order for sale.
Section 98 (part) BEFORE amended by 2010-6-39, effective July 1, 2010.
A notice of motion for an order under section 92 may contain a description of the land in question, and on filing it with the proper officer, signed by the solicitor of the applicant, a certificate of pending litigation may be issued for registration, and if the motion is refused in whole or in part, a certificate of the order may be issued for registration.
Section 98 (part) BEFORE amended by 2010-6-94,Sch 4, effective July 1, 2010.
A notice of motion for an order under section 92 may contain a description of the land in question, and on filing it with the proper officer, signed by the solicitor of the applicant, a certificate of pending litigation may be issued for registration, and if the application is refused in whole or in part, a certificate of the order may be issued for registration.
Section 105 (4) (a) BEFORE amended by 2010-6-40, effective July 1, 2010.
(a) the style of cause of the proceeding in which the judgment was obtained,
Section 113 (1), (2) and (3) BEFORE amended by 2010-6-36, effective July 1, 2010.
(1) A sale of land under an order made under this Part must be conducted by the sheriff or his or her deputy in person, and for those services he or she is entitled to receive the same fees, expenses and poundage as are allowed the sheriff for the sale of land by execution under the Supreme Court Act and the Rules of Court.
(2) If the land of the execution debtor is advertised under an order for sale of it, but is not sold by reason of satisfaction having been otherwise obtained, or for some other cause, and no money is actually levied on the execution, the sheriff is entitled to receive fees, expenses and poundage based on the assessed value of the land at the same rate as is allowed for fees, expenses and poundage under the Rules of Court.
(3) If a sheriff has seized personal property of a debtor under a writ of execution, and the personal property is not sold and no money is levied on the execution of the writ, the sheriff is entitled to receive fees, expenses and poundage based on the smaller of the amount of the judgment or the amount settled for, at the same rate as allowed under the Rules of Court, or if a court directs a smaller rate, at that rate.
Schedule 1, Form D BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent)
NOTICE TO DEFENDANT
To prevent further garnishment proceedings you may apply to the registrar or the court and, if considered just in all the circumstances, an order may be made releasing all or part of this garnishment and providing for payment of the judgment against you by installments.
Schedule 1, Form F, third line under "To the Defendants(s):" BEFORE amended by 2017-10-11, effective April 21, 1997 [retro from November 2, 2017 (Royal Assent)].
Name) .......................................................
Schedule 2, section 1 BEFORE amended by 2010-6-41, effective July 1, 2010.
1. The writ of summons [or statement of claim, as the case may be] was issued on ................ [month, day, year], and proof was provided to this court that it was served on the defendant by delivery of a copy of it to the defendant and leaving it with the defendant.
Schedule 4, Part VI, Article IX heading BEFORE amended by 2018-39-6, effective October 31, 2018 (Royal Assent).
Recognition and Enforcement of Third State Judgements
Supplement BEFORE repealed by 2003-29-13, effective May 4, 2006 (BC Reg 121/2006).
[Supplement]
Court Order Enforcement Act
[RSBC 1996] CHAPTER 78
1 Section 29 (1) is repealed and the following substituted:
(1) If a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to have the judgment registered in the Supreme Court unless
(a) the time for enforcement has expired in the reciprocating state, or
(b) 10 years have expired after the date the judgment became enforceable in the reciprocating state.
(1.1) On application under subsection (1), the Supreme Court may order that the judgment be registered.
1992-37-12.
2 and 3 [Repealed 1998-27-10.]