Executions registered with a sheriff, what to do?
A debtor who has been discharged from bankruptcy or has completed a proposal has been relieved of all unsecured debts (with a few exceptions) –including a debt which led to a writ of execution being registered against the debtor’s property. The execution is no longer enforceable after discharge, as the debt itself has been discharged. However, the writ is not lifted automatically.
The first step in having a writ of execution lifted is to provide proof of discharge/proposal completion to the execution creditor’s solicitor, and request that the executions be removed. If the creditor’s solicitor is not co-operative, the discharged bankrupt should submit Form 60-O (REQUEST TO WITHDRAW A WRIT, links below) to the Sheriff’s office to request that the execution be lifted. If necessary, the debtor can bring a motion in court to have the execution lifted.
Form 60O: http://www.ontariocourtforms.on.ca/forms/civil/60o/RCP_E_60O_1105.htm or http://www.ontariocourtforms.on.ca/forms/civil/60o/RCP_E_60O_1105.doc.
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