Government of New Brunswick
  • Description
  • Fees
  • Contacts
  • Overview

    Under the Creditor's Relief Act a person who has obtained a money judgment must share any money raised under execution of the judgment with other unsecured creditors of the judgment debtor who have met the requirements of the Act.

    The fees are paid as part of a simplified process by which an unsecured creditor establishes a right to a proportional share in such proceeds.

    Eligibility

    Any creditor of a judgment debtor may file the documentation required by the Act, as part of the process of establishing a claim entitling them to share proportionally in monies raised under someone else's execution of a money judgment.

    The fees are paid to file various documents with the court to establish and process the creditor's claim. The fee includes the issuance of a Clerk's certificate that the creditor may deliver to the Sheriff. Delivering the certificate to the Sheriff establishes the creditor's right to share in monies raised on the execution of someone else's judgment.

    Fees may be paid for additional Clerk's certificates. These additional certificates may be delivered to Sheriffs in other judicial districts to establish a right to share in monies raised on the execution of a judgment or judgments in those districts. The Clerk's certificate includes the amount of any costs to which the claimant is entitled.

    The Clerk's certificate remains in effect for three years. It may be renewed upon payment of the prescribed fee.

    The judgment debtor or any creditor of the judgment debtor may, upon payment of a fee, file an affidavit with the court to contest the claim of a creditor. Upon payment of the required fee, any party to the proceedings is entitled to one or more certificate of the clerk verifying the result of the contested claim.

    Description

    The service under the Creditor's Relief Act relieves a creditor of a judgment debtor from having to go through the time and expense of a civil trial to obtain their own judgment for monies owed to them by the judgment debtor, and then issue an order for Seizure and Sale. It enables the creditor to share in the proceeds of someone else's execution of a judgment.

    The Sheriff will make further seizures to the amount of debts claimed under any clerk's certificate delivered to the Sheriff. All creditors who have established a claim in accordance with the Act may share proportionally in these additional proceeds as well.


    Fees

    Unless otherwise specified, Fees exclude the harmonized sales tax (HST).

    Fee DescriptionRate in $Effective Date
    YYYY-MM-DD
    On filing affidavit of claim and notice, including issue of clerk's certificate 5.002012-03-05
    For each additional clerk's certificate 2.002012-03-05
    On filing affidavit of contest by debtor or creditor 3.002012-03-05
    For clerk's certificate verifying result of contested claim 5.002012-03-05
    For each additional clerk's certificate 2.002012-03-05
    On renewal of clerk's certificate 2.002012-03-05
    On filing any order of the Court, including all documents in support thereof 15.002012-03-05
    On filing any document not described above 5.002012-03-05
    Contact Email Location
    Fredericton