Government of Nova Scotianovascotia.ca
novascotia.caGovernment of Nova Scotia Nova Scotia, Canada
 
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Where do you record a Judgment?

As the party to which a debt is owed, if you are unsure as to which registry system to register the judgment, it is recommended to seek the advice of a solicitor to ensure your interests are properly secured is recommended.

You must register notice of a Judgment in the Personal Property Registry (PPR):

  1. If you want to have the Sheriff execute on the judgment (e.g. garnish wages, seize bank accounts). The Sheriff must be provided with a copy of the Personal Property Registry Verification Statement before he can enforce any judgment.
  2. If you want to establish the priority of your claim over other creditors.
    Note that: Registration in the Personal Property Registry may also affect the debtor’s credit rating.

You must register a Certificate of Judgment in the Judgment Roll at a Land Registration Office:

  1. If you want to attach the Certificate of Judgment (Form 46) to real property owned by a judgment debtor now or in the future.
    Note that:
    Registration in the Judgment Roll will affect debtor’s ability to buy, sell or mortgage land in that county. (e.g. the debtor may be required to pay any outstanding judgments from the proceeds, before their real property can be sold).
  2. If you want to establish the priority of your claim over other creditors.
    Note that: Registration in the Personal Property Registry to obtain a Personal Property Registry Verification Statement may also affect the debtor’s credit rating.
  3. You may record a judgment in the Judgment Roll even if the debtor does not presently own land, in anticipation that they might at some point in the future.

You must register a Notice of Judgment in both the Judgment Roll and the Personal Property Registry (PPR):

  1. You must register notice of the judgment in the Personal Property Registry prior to asking the Sheriff to execute. Before enforcing any judgment, the Sheriff must be provided with a copy of the Personal Property Registry Verification Statement.
  2. If you want to have a Sheriff sell land owned by the Judgment Debtor to pay off the judgment, you must have recorded notice of the judgment in the Judgment Roll at least one year before asking the Sheriff to execute on the land.