Pre-Judgement Sales explained


This is a new and exciting pilot project through which the defendant is given the opportunity to present his/her property for sale by public auction, prior to judgement being granted against the defendant. The proposed project is aimed at achieving the following goals:


  1. Selling the defendant’s property without any costs to the defendant, or plaintiff, on conditions of sale which allow for a 7 (seven) court day confirmation period to be afforded to the plaintiff and the defendant, to consider the highest bid achieved at the sale.

  2. This procedure will nullify the need for the plaintiff to seek judgment against the defendant as a successful Pre-Judgement Sale would see the property being transferred by the attorney of record to the purchaser. As a result, the defendant’s credit record will not be burdened and compromised by a judgement.

  3. Creating a window of opportunity for the defendant to reconsider his/her position and make decisions on a way forward which at least affords the defendant the opportunity to exercise a choice in the selling of his property, and which choice would avoid judgement being granted against that defendant.

  4. Empowering defendants to participate in the process, previously reserved only for the legally astute defendant, and which enables them, to a certain extent, to determine the outcome of their choices.

  5. The attorneys of record will be continually engaged to protect and enhance the Plaintiff’s interests. Development of this procedure will continue as it progresses, always remaining mindful of the rights and needs of defendants and all other parties involved, the judiciary included.

    We thank you for participating in this project.