Enforcement remedieas available to judgment creditors
There are four basic enforcement remedies available to creditors who have sued a debtor regarding an unsecured consumer debt and obtained a judgment against them.y
In a significant percentage of cases where Canadians owe money on unsecured consumer debt the best advice for them is to simply do nothing--except perhaps develop an effective strategy for stopping or avoiding collection calls.
If you are judgment proof then your best strategy for dealing with your unsecured consumer debt might be simply to do nothing. A person is judgment proof when their creditors cannot successfully use any enforcement measures available to judgment creditors to recover monies from a debtor.
A judgment might arise in two different circumstances. Firstly, a creditor can obtain a judgment against a debtor where the creditor, known as the plaintiff, sues the debtor, referred to as the defendant, and the defendant does not file a defence. This type of judgment is called a default judgment.
It is also possible for a creditor (plaintiff) to obtain a judgment against a debtor (defendant) in circumstances where the debtor (defendant) files a defence. In this scenario, a creditor (plaintiff) might obtain a judgment against the debtor (defendant) in circumstances where it can prove its case on the balance or probabilities.
When is it appropriate for a Canadian with unsecured consumer debt to do nothing?