Form 459 Charging Order Absolute - Canada

This fillable " Charging Order Absolute " is a document issued by the Federal Court of Canada specifically for Canada residents.

Download the PDF by clicking the link below and complete it directly in your browser or through the Adobe Desktop application.

FAQ

Q: What is Form 459 Charging Order Absolute?
A: Form 459 Charging Order Absolute is a legal form used in Canada.

Q: What is the purpose of Form 459 Charging Order Absolute?
A: The purpose of Form 459 Charging Order Absolute is to secure a debt against a property.

Q: Who can use Form 459 Charging Order Absolute?
A: Any creditor who has obtained a judgment against a debtor can use Form 459 Charging Order Absolute.

Q: What information is required in Form 459 Charging Order Absolute?
A: The form typically requires information about the creditor, the debtor, the debt, and the property to be charged.

Q: How does Form 459 Charging Order Absolute work?
A: Once the form is filed and approved by the court, a charging order is placed on the property, giving the creditor the right to be paid from the proceeds if the property is sold.

Q: Is Form 459 Charging Order Absolute specific to Canada?
A: Yes, Form 459 Charging Order Absolute is specific to Canada and may have different variations across provinces.

Q: Do I need a lawyer to use Form 459 Charging Order Absolute?
A: While it is recommended to seek legal advice, you can also fill out and file the form yourself.

Q: Can I use Form 459 Charging Order Absolute in the United States?
A: No, Form 459 Charging Order Absolute is specific to Canada and cannot be used in the United States.

Q: Are there any fees associated with filing Form 459 Charging Order Absolute?
A: There may be filing fees and other court costs associated with filing Form 459 Charging Order Absolute.

Q: What should I do after filing Form 459 Charging Order Absolute?
A: After filing the form, you should monitor the status of your charging order and take necessary steps to enforce it if the debtor fails to pay.

Q: Can I cancel a charging order obtained through Form 459 Charging Order Absolute?
A: It may be possible to cancel a charging order under certain circumstances. Consult with a legal professional for guidance.

Q: Is Form 459 Charging Order Absolute a guarantee of payment?
A: No, Form 459 Charging Order Absolute does not guarantee payment. It provides the creditor with a legal claim on the property.

Q: What happens if the property is sold?
A: If the property is sold, the proceeds will first be used to satisfy any outstanding debts secured by charging orders before the owner receives the remaining amount.