Debtor-Creditor Law and Procedure, 5th Edition

Debtor-Creditor Law and Procedure, 5th Edition
Emond Publishing
Page Count:
Coming Soon
Publication Date:
February 2018
Business, Corporate and Commercial Law

Debtor-Creditor Law and Procedure, 5th Edition moves away from the traditionally theoretical approach to debt collection to meet the specific needs of legal professionals. This text is rich with practical insights that accurately reflect and clearly outline the respective duties of paralegals and law clerks in both the Superior and small claims courts.

Processes and laws that surround debt collection are not only explained, but also supplemented with sample forms and other visuals to offer a comprehensive perspective. Additionally, the text provides a focus on legal work that students can expect to do in the future, such as completing procedures, drafting supporting documents, and performing calculations.

This text captures the numerous changes to the law since the previous edition, including updates regarding the Collection and Debt Settlement Services Act, electronic issuance and filing of various small claims court documents, credit reports, electronic document registration in the Superior court, and the Construction Lien Amendment Act 2017.

As high amounts of consumer and other types of debt in Canada persist, this text remains highly relevant in today’s business and consumer world. Its unique focus on students in law clerk or paralegal programs makes this a must-have resource.

  • New information on operating a debtor-creditor practice in a paperless law office
  • More opportunities to practice calculations
  • New examples relevant to the work and responsibilities of paralegals
  • Updated sample forms and documents
  • Revisions to case studies in chapters 10 and 11 to improve flow
  • Gender neutral language used throughout

Part I: The Debt Collection Process
Chapter 1: Introduction
Chapter 2: Steps to Take Before Commencing Proceedings
Chapter 3: Searches to Carry Out Before Commencing Proceedings
Chapter 4: Determining the Amount Owing on a Claim
Chapter 5: Commencement of Proceedings
Chapter 6: Default Judgment
Chapter 7: Summary Judgment
Chapter 8: Defended Proceedings and Settlement
Chapter 9: Enforcement of Superior Court Judgments
Chapter 10: Small Claims Court Proceedings
Chapter 11: Small Claims Court Enforcement Proceedings

Part II: Debt Collection: Selected Topics
Chapter 12: Collections and Deceased Debtors
Chapter 13: Construction Liens
Chapter 14: Bankruptcy and Safeguards Against Fraud

Part III: Debtor’s Remedies
Chapter 15: Debtor’s Remedies

Part IV: Supplementary Materials
Appendix: Rules of the Small Claims Court

Glossary of Terms


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