Debtor/Creditor Law and Procedure
This course introduces students to the fundamentals of debtor/creditor law and procedure, focusing on proceedings to obtain and enforce a judgment of debt based on a promise to pay where the debt is not secured. The first part is organized around the process of obtaining a judgment and enforcing it to collect the debt owing. The second part concerns issues and subjects that relate to the debt collection process.
In examining the process the course will look at what the nature of the debt collection practice is, the steps to be taken before commencing proceedings, commencing proceedings, default and summary judgment, defended proceedings, settlement and enforcement of General Division and Small Claims Court judgments.
The course will then look at selected topics: deceased debtors, construction liens, bankrupts and residential tenancies. The students will learn the specific skills, terminology and use of forms necessary for practice in this area