Federal Courts Rules

Marginal note:Order for payment

• 456 (1) A judgment creditor shall not file a requisition under subsection 449(1) in respect of money that is standing to the credit of the judgment debtor in court. However, they may bring a motion for an order that the money, or a lesser amount sufficient to satisfy the order sought to be enforced and the costs of the motion, be paid to the judgment creditor.

• Marginal note:Limitation

  (2) If a motion is brought under subsection (1), the money to which the motion relates shall not be paid out of court until after the determination of the motion.

• Marginal note:Service of notice of motion

  (3) Unless the Court directs otherwise, the notice of a motion brought under subsection (1) shall be served on the judgment debtor and filed at least seven days before the day fixed for the hearing of the motion.