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.
Introduction to the Legal System and Civil Litigation or equivalent knowledge and experience.
Students enrolled in this course receive text and/or other related resource materials. There are two assignments and three tests to evaluate student progress for this course. Participants who receive 70% or higher overall will receive a certificate.
Module 1: Introduction to the Debt Collection Process
Module 2: Commencement of Proceedings
Module 3: Judgment and Defended Proceedings
Module 4: Enforcement of Judgment
Module 5: Settlement Conferences and Small Claims Court
Module 6: Estates and Liens
Module 7: Bankruptcy, Fraud, and Remedies
Module 8: Bankruptcy, Fraud, and Remedies