Jun 12, 2023
If you’ve recently obtained a Court Order or Judgment in your favor, but the debtor has refused to pay the owed amount, it’s time to take action as a creditor. One essential step in the debt collection process is filing a Writ of enforcement in Alberta. This legal document, which is filed with the Court of King’s Bench, grants you the authority to pursue various methods, such as garnishment or property seizure, to collect the money owed. In this blog, we will provide an overview of the Writ of Enforcement in Alberta, guiding you through the necessary steps and important considerations.
Before proceeding with the filing of a Writ of Enforcement, it is crucial to have a Court Order or Judgment in your favor. This Court Order can be obtained from the Provincial Court (Civil Division), the Court of King’s Bench, or another relevant tribunal. If the Court Order was obtained from a different court or tribunal, it must first be registered at the Court of King’s Bench.
If the debtor fails to make the required payment within the specified time period stated in the Court Order, you can proceed to file a Writ of Enforcement at the Court of King’s Bench. The Writ of Enforcement is a separate document from the Court Order but is dependent on it. Once filed, the Writ authorizes you to enforce the debt collection anywhere in Alberta, following the methods permitted by law.
To correctly fill out the Writ, ensure that the information provided aligns with the details contained in your Court Order or Judgment. It is crucial to spell all names exactly as they appear on the Court Order. In case you need assistance, do not hesitate to approach a Clerk at the Court of King’s Bench. When filing the Writ, it is recommended to request at least four copies with the Court stamp for various purposes.
To establish an official notice of the Court Order against the debtor, it is important to register your Writ at the Personal Property Registry. This registration signifies your claim on the debtor’s personal property, which includes assets such as cars and tools. It is worth noting that real estate is registered at the Land Titles Office instead of the Personal Property Registry.
A Court Order remains effective for ten years from the date it is granted. However, it can be renewed by submitting a status report before the expiration. Similarly, the registration at the Personal Property Registry is valid for two years, and it can be renewed if required. Renewals should be conducted in a timely manner to ensure the ongoing effectiveness of your claim.
When multiple creditors have registered Writs against a debtor, the order of payment depends on the priority of registration. Creditors with earlier registrations are entitled to receive their dues before others. If the debtor’s assets are seized and sold by other creditors, the first $2,000.00 realized from the debtor goes to the creditor with the earliest registered Writ. Subsequently, any remaining amount is distributed proportionally among all creditors with registered Writs.
Registering your Writ at the Land Titles Office provides further notice of your claim on the debtor’s property, specifically their land. This registration can significantly impede the debtor’s ability to sell or mortgage the property until the debt is fully paid. A Notice of Intention to Sell can be served on the debtor, initiating the process of selling their land with the assistance of a Civil Enforcement Agency.
Once the debtor has paid the debt, you can provide them with a Satisfaction of Judgment, which can be filed at the Clerk of the Court. However, it’s worth noting that there are instances when the debtor receives payment from alternative sources, such as through a garnishment or a Civil Enforcement Agency seizure. In such cases, where money is paid directly to the debtor by the Clerk of the Court, there is no need to go through the filing procedures. The payment made by these authorized entities automatically satisfies the debt, saving the debtor from the additional administrative tasks associated with debt resolution.
Clearing a debt and ensuring that all legal obligations are fulfilled is a vital step toward financial stability. By following the proper procedures and obtaining the necessary documents, both debtors and creditors can confidently move forward, knowing that the debt has been paid in full.
In conclusion, a Writ of Enforcement is a vital tool for creditors in Alberta to collect money owed to them after obtaining a Court Order or Judgment. By filing the Writ and following the necessary procedures, creditors can pursue various legal methods to enforce their rights and recover the debt. It is important to understand the process, meet the required deadlines, and register the Writ at the appropriate offices to protect your claim. By staying proactive and informed, creditors can maximize their chances of successful debt collection.
Hi! I’m Erin Crocker. I’m a real estate lawyer with over 10 years of experience in Alberta and British Columbia real estate law. I love technology and efficiency. I’m on a mission to create a modern, digital closing experience for buyers and sellers through technology, transparency and sharing knowledge.
