Creditors Relief Forms Regulations

In these regulations, "Act" means the Creditors Relief Act.

The prescribed form of the certificate referred to in subsection 6(1) of the Act is set out in Form 1 of the Schedule.

The prescribed form of the affidavit of claim referred to in subsection 21(1) of the Act is set out in Form 2 of the Schedule.

The prescribed form of the notice referred to in subsection 21(2) of the Act is set out in Form 3 of the Schedule.

The prescribed form of the affidavit of service referred to in subsection 21(4) of the Act is set out in Form 4 of the Schedule.

The prescribed form of the certificate of judgment referred to in section 22 of the Act is set out in Form 5 of the Schedule.

The prescribed form of the notice of objection referred to in subsection 33(6) of the Act is set out in Form 6 of the Schedule.

SCHEDULE

FORM 1 (Section 2)

CREDITORS RELIEF ACT

CERTIFICATE OF SUBSISTING EXECUTIONS

I, the Sheriff, hereby certify that on the date of the issue of this certificate all the subsisting executions against ........................................................................ of .................................................................................................... (name of debtor) in the .............................................................. then in my hands are as set out below and the particulars of the subsisting executions and the amounts exigible under the subsisting executions as shown by my records are as follows:

Issued at the Office of the Sheriff at.......................................... on ..................................................

....................................................... (signature of Sheriff)

FORM 2 (Section 3)

CREDITORS RELIEF ACT

AFFIDAVIT OF CLAIM

I, ...................................................., claimant (or the duly authorized agent of ......................................................., (name of claimant or agent) (name of claimant) claimant) of ............................................................... in the Northwest Territories, ..........................................................., (occupation) make oath and say:

1. I am the above named claimant (or the duly authorized agent of the claimant in this matter), and have a personal knowledge of the matter deposed to in this affidavit.

2. ................................................................, debtor, is justly and truly indebted to me (or to the claimant) in (name of debtor) the sum of $ ............................................. for (here briefly state the nature and particulars of the claim).

SWORN BEFORE ME

at ................................... on ......................................... ............................................................ (place) (date) (signature of claimant or agent)

FORM 3 (Section 4)

NOTICE TO BE SERVED WITH CLAIM

To ..............................................................., the debtor: (name of debtor) Take notice that ......................................, the claimant, intends to file with the Clerk of the .................................... (name of claimant) Court (as the case may be) the original affidavit of claim, a duplicate of which is served with this notice, and that this proceeding is taken by reason of there being in the hands of the Sheriff an execution against your property, and that the claimant intends to call on the Sheriff to levy the amount of the debt referred to in the affidavit of claim from your property under the authority of the Creditors Relief Act. And further take notice that if you desire to contest the claim, or any part of the claim, you must, within ten* days after the service of this notice on you, file with the Clerk of the ......................................................................... Court an affidavit stating that you have a good defence to a specified part of the claim. If no such affidavit is filed, the claim will be treated as admitted by you. If an affidavit is filed contesting the claim as to part only, the part of the claim not contested may be treated in the same manner as if an affidavit was not filed. You are further hereby notified that unless you endorse on the affidavit filed by you a statement of some place within five kilometres of the Clerk's office at which service may be made on you, or the address of a solicitor in the Northwest Territories who may be served on your behalf, service may be made on you of any notice, paper or document by posting up the notice, paper or document in the office of the Clerk.

Dated at ............................................. on ...................................................

........................................................................ (signature of claimant)

*Note: If further time is given by a judge, the notice should be varied accordingly.

FORM 4 (Section 5)

AFFIDAVIT OF SERVICE OF CLAIM AND NOTICE

I, ................................................................, of ............................................ in the Northwest Territories make (name of server) oath and say: That I did on ....................................................................................................................................... personally serve ....................................................., the debtor, (or as the case may be) with a duplicate of the affidavit of claim (name of debtor) identical to the attached affidavit of claim and a true copy of the notice addressed to the debtor, now attached to (or endorsed on) the attached affidavit of claim.

SWORN BEFORE ME

at ............................. on .................................... .............................................................................. (place) (date) (signature of server)

FORM 5 (Section 6)

CERTIFICATE OF JUDGMENT

I, ........................................................., Clerk of the ................................. Court certify: (name of Clerk)

1. That ............................................., the claimant, on ............................................. filed with the ................. Court (name of claimant) an affidavit of claim and notice respecting a claim against ........................................................, the debtor, for the sum (name of debtor) of $ ................................... together with an affidavit of personal service (or as the case may be) of the affidavit of claim and notice, as required by the Creditors Relief Act, on the debtor and that it appears service was made on

..................................................

2. That the debtor has not contested the claim (or has contested only the sum of $ ......................................., part of the claim, as the case may be) and that the claimant is entitled to (or the claimant having abandoned the part of the claim which is contested, is entitled to the residue of) the claim, being the sum of $ .........................................., and the further sum of $ ............................................ for costs.

Issued and entered at ....................................... on ...........................

.......................................................... (signature of Clerk)

FORM 6 (Section 7)

CREDITORS RELIEF ACT

NOTICE OF OBJECTION TO SCHEME OF DISTRIBUTION

To ............................................., debtor, and .................................................., creditors: (name of debtor) (name of other creditors)

Take notice that I contest the scheme of distribution prepared by the Sheriff in respect of the claim or claims of .............................................................................................................................. on the following grounds (state (name of other creditors) distinctly the grounds). A copy of the Judge's appointment to adjudicate on the matter is served with this notice.

Dated at ............................................ on ......................................

........................................................... (signature of contestant) Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©