If you have overdue debt and cannot meet your financial obligations, your creditors may pursue court action to obtain a Writ of Execution against your property. Such a judgment can cause problems if you try to sell your property to pay off debt.
This blog will examine what a Writ of Execution is and what you can do to remove it.
What Is a Writ?
A writ is an official formal written order issued by a court granting authority to put in force the decree or judgment. Typically, writs are given to law officers, such as Sheriffs, but they can also be delivered directly to the subject of the decree or judgment.
In most cases, courts issue writs to order debtors to pay outstanding debt to their creditors.
Suppose the debtor refuses or cannot make the payment order in the writ. In that case, it grants the creditor the legal right to ask the enforcement office to seize some or all personal possessions to sell them at a public auction to recover the amount owed.
When a writ has been registered with an enforcement office, the creditors must be paid before any proceeds from the sale of the debtor’s personal properties or their refinancing can be distributed to their owner. The only way to remove a writ from a property is to pay the debt.
Can a Consumer Proposal or Bankruptcy Affect a Writ?
After filing a consumer proposal or declaring bankruptcy, a writ will be removed from your personal property once you have received your discharge or certificate of completion.
During your initial consultation with your Licensed Insolvency Trustee, you should advise them of any intentions to sell or refinance your property. This way, they can assist you with any existing writs. These can significantly complicate a sale or refinancing procedure even if they’re not enforceable due to a filed bankruptcy or consumer proposal.
Can You Remove a Writ For Free?
It is possible to ask the enforcement office to remove the writ on your property for free. It involves filing a written request to your local Sheriff’s office. As this process can take 30 days or longer to complete, we recommend initiating this process right after you earn your discharge from bankruptcy to shorten the wait time until the writs are removed from your property.
To avoid unnecessary paperwork, legal fees and complications, you should ensure that any writs on your property have been removed before initiating a sale or refinancing process.
Lien On Real Estate
While many people believe that a writ and a line are the same, there are distinct differences.
A lien is any claim someone has registered upon something you own, reliant upon you paying a debt of some kind. There are two different types of liens. One is voluntary when you apply for a mortgage on real estate, a car loan or security interest in personal property. The other is the kind imposed by the law or a judgment, such as statutory or tax liens.
In short, a writ is a legal order to pay, while liens are debts secured against your personal property. Similar to a mortgage, a lien has to be paid off before you can sell a property or try to refinance it.
Liens also can be perfected or imperfected. When a lien is perfected, the creditor (such as a mortgage lender) has established its priority in the encumbered property regarding other creditors. So when a creditor obtains a perfected lien, they become the primary beneficiaries of the property’s value and inform third-party creditors of the lien.
Remove A Writ Of Execution In Ontario
If you have a writ or lien registered against personal property, contact our Licensed Insolvency Trustees to learn how to remove it.
Risman Zysman has over 45 years of experience providing quality debt solutions. Our team of professionals understands the fears and frustrations of individuals facing financial difficulty. At Risman Zysman, we present each client with a full range of options and guide them to make the right choices so they can move forward.
To find out how we can help you, call us at 416-222-4600 and get a free, confidential, no-obligation consultation today! Risman Zysman can help you on the road to financial recovery.
