About stays of enforcement
A stay of enforcement (sometimes called a stay of proceedings) is an order of the court that stops you from enforcing the judgment debt for a period of time.
The other party may apply for a stay of enforcement where:
- they have applied to set aside a default judgment and want enforcement stopped until the court deals with the application.
- if they want time to make arrangements to borrow money or sell property to pay the debt.
For more information on what you can do if the other party applies to set aside a default judgment, see Step by step guide - Responding to an application to set aside default judgement.
The other party can apply for a stay by filing a notice of motion form, with affidavit evidence that explains why they need a stay of enforcement. They may apply for a temporary stay to stop any enforcement action before their application is heard in court. The court can then make a temporary order without a hearing.
Consenting to a stay order
You will be sent a notice giving you a copy of the other party's application and telling you the date the application will be heard in court. When you go to court, you can either consent (agree) with the stay, or disagree.
If you consent, an order staying enforcement will be made for the period of time asked for in the application or any other time the court decides to make it for.
Before deciding to consent, you should get legal advice.
Opposing an application for a stay order
If you disagree with the stay, you should attend the hearing and explain the reasons why you don't agree with the application. In some cases you may need to prepare your own affidavit. You should get legal advice if an affidavit is required.
You may wish to oppose the application to stay enforcement because, for example:
- you think the other party may be transferring or selling assets to avoid paying you, or
- the other party has avoided paying the debt for a long time.
Share with
Facebook
Twitter
LinkedIn