Debtor/Creditor & Small Claims Court
Download: PDF [911 kb]
When creditors start calling it's important to know the rules that determine what can and can't be done.
Legislative Framework
Download: PDF [663 kb]
This introductory unit talks about the provincial and federal laws that relate to debts and debt collection.
There are multiple Provincial statutes which govern various aspects of debtor/creditor law:
Consumer Protection Act and Payday Lenders Regulations:
http://nslegislature.ca/legc/statutes/consumer%20protection.pdf &
http://www.gov.ns.ca/just/regulations/regs/cppayday.htm
Collection Agencies Act: http://nslegislature.ca/legc/statutes/collecta.htm
Consumer Creditors’ Conduct Act: http://nslegislature.ca/legc/statutes/consumcr.htm
Personal Property Security Act: http://nslegislature.ca/legc/statutes/personal%20property%20security.pdf
Judicature Act: http://nslegislature.ca/legc/statutes/judicatr.htm
Small Claims Court Act & Regulations:
http://nslegislature.ca/legc/statutes/smallclm.htm & https://www.novascotia.ca/just/regulations/regs/sccfrmpr.htm
The major piece of Federal Legislation to be aware of is the Bankruptcy and Insolvency Act:
http://laws-lois.justice.gc.ca/eng/acts/B-3/index.html
This is a very lengthy and complex piece of legislation – don’t worry! There are experts in the field who can assist your clients with issues related to bankruptcy.
Provincial Legislation
There are multiple Provincial statutes which govern various aspects of debtor/creditor law:
Consumer Protection Act and Payday Lenders Regulations:
http://nslegislature.ca/legc/statutes/consumer%20protection.pdf &
http://www.gov.ns.ca/just/regulations/regs/cppayday.htm
Collection Agencies Act: http://nslegislature.ca/legc/statutes/collecta.htm
Consumer Creditors’ Conduct Act: http://nslegislature.ca/legc/statutes/consumcr.htm
Personal Property Security Act: http://nslegislature.ca/legc/statutes/personal%20property%20security.pdf
Judicature Act: http://nslegislature.ca/legc/statutes/judicatr.htm
Small Claims Court Act & Regulations:
http://nslegislature.ca/legc/statutes/smallclm.htm & https://www.novascotia.ca/just/regulations/regs/sccfrmpr.htm
Federal Legislation
The major piece of Federal Legislation to be aware of is the Bankruptcy and Insolvency Act:
http://laws-lois.justice.gc.ca/eng/acts/B-3/index.html
This is a very lengthy and complex piece of legislation – don’t worry! There are experts in the field who can assist your clients with issues related to bankruptcy.
Exemptions from Seizure
Download: PDF [707 kb]
This unit will teach you about the assets and sources of income that cannot be seized.
Debt Collection & Options for Debtors
Download: PDF [713 kb]
This unit covers topics like the rules governing debt collectors, the debtor assistance program, consumer proposals and bankruptcy.
Small Claims Court
Download:PDF [561 kb]
This unit goes into detail about what Small Claims Court is and how to begin a proceeding there.
Payday Lenders
Download: PDF [651 kb]
This unit briefly covers the regulation of payday lenders, companies that provide small, short-term unsecured loans.
Helpful Tips
Download: PDF [540 kb]
This unit containers some pointers about collections, Small Claims Court and advocating for people with debt problems.
Additional Resources
Download: PDF [545 kb]
Here we have provided a list of places you can go for more information about debtor/creditor issues and Small Claims Court.
Government
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Small Claims Court |
Case Law
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Potentially helpful Small Claims and Supreme Court decisions from Nova Scotia can be found here: |
Nova Scotia Legal Aid
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NSLA offices provide summary advice to clients regarding Debtor/Creditor matters. Their contact information can be found here: |
