Notice to sheriff of amount owing
10.1 (1) If a writ of seizure and sale is filed with a sheriff in respect of a support order, the person who filed the writ may at any time file with the sheriff a statutory declaration specifying the amount currently owing under the order. Effect of statutory declaration (2) When a statutory declaration is filed under subsection (1), the writ of seizure and sale shall be deemed to be amended to specify the amount owing in accordance with the statutory declaration. Notice from sheriff of opportunity to give statutory declaration (3) A sheriff who comes into possession of money to be paid out under a writ of seizure and sale in respect of a support order shall, not later than seven days after making the entry required by subsection 5(1) of the Creditors’ Relief Act, give notice to the person who filed the writ of the opportunity to file a statutory declaration under subsection (1). Idem (4) A sheriff who receives a request for information about the amount owing under a writ of seizure and sale in respect of a support order from a person seeking to have the writ removed from the sheriff’s file shall promptly give notice to the person who filed the writ of the opportunity to file a statutory declaration under subsection (1). Manner of giving notice (5) Notice under subsection (3) or (4) may be given by attempting to contact the person who filed the writ by telephone and, if the person who filed the writ is not the Director, sending the notice by prepaid ordinary mail addressed to the person at the person’s last known address. Removal of writ from sheriff’s file (6) A sheriff shall not remove a writ of seizure and sale in respect of a support order from his or her file unless, (a) the writ has expired and has not been renewed; (b) the sheriff receives written notice from the person who filed the writ to the effect that the writ should be withdrawn; (c) notice is given under subsection (3) or (4), a statutory declaration is subsequently filed under subsection (1) and the writ, as deemed to be amended under subsection (2), has been fully satisfied; or (d) notice is given under subsection (3) or (4), ten days have elapsed since the notice was given, no statutory declaration has been filed under subsection (1) since the giving of the notice and the writ has been fully satisfied. Filing by fax (7) A statutory declaration may be filed under subsection (1) by telephone transmission of a facsimile of the statutory declaration to the sheriff along with a cover page that contains the following information: 1. The sender’s name and address. 2. The date and time of the transmission. 3. The total number of pages transmitted, including the cover page. 4. The telephone number from which the statutory declaration is transmitted. 5. The telephone number of a person to contact in the event of transmission problems. Delivery of statutory declaration to land registrar (8) If a copy of a writ of seizure and sale has been delivered by the sheriff to a land registrar under section 136 of the Land Titles Act and a statutory declaration is filed under subsection (1) in respect of the writ, the sheriff shall promptly deliver a copy of the statutory declaration to the land registrar and the amendment deemed to be made to the writ under subsection (2) does not bind land registered under the Land Titles Act until a copy of the statutory declaration has been received and recorded by the land registrar. 1991, c.5, s.9.