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Collection Process

Now that you have registered your judgment and taken all the steps to make your Writ of Enforcement valid, you can start the actual collection process.

In considering whether to start the process, it is a good idea to search the Personal Property Registry to see if there are already any claims filed against the debtor. You will then be able to assess what likelihood there will be of recovering funds yourself.

If you are ready to go ahead and start the collection process, you will then consider what method of collection to use. For money judgments the two methods used are garnishee or seizure.

Garnishee

In order to initiate the process you must file a Garnishee Summons with the Court of Queen’s Bench and then serve it on the Garnishee which is the person or institution which owes money to the debtor.

Garnishee Summons

Forms for issue of a Garnishee summons can be obtained from the courthouse. Detailed information on completing the form can be found in the Alberta Justice brochure ”Getting and Collecting Your Judgment in Alberta” which is available at the courthouse and online under “Publications” at http://www.albertacourts.ab.ca/

Filing the Garnishee Summons: You will need five copies of the Garnishee Summons to file at Court of Queen’s Bench. The original will be kept by the Clerk’s office. Three copies will be served on the Garnishee and the fourth copy is for you to keep as a record.

Serving the Garnishee Summons

Once the summons is filed, you must serve three copies of the Garnishee Summons on the Garnishee, together with an administration fee. You need to be able to prove that the Garnishee received the summons so that service by regular mail will not be appropriate.

If the Garnishee is an individual, service is carried out

in person, or,

by registered mail to the individual’s private or business address.

If the Garnishee is a corporation, service is carried out

in person on an officer or director of the corporation or person in charge of any place of business of the corporation, or,

by serving the registered office in person, or,

by serving the registered office by registered mail addressed to the head office of the corporation.

Only the Clerk of the Court can dispense garnishee funds. A Garnishee Summons usually remains in effect for one year, but can be renewed upon application to the court. Where a joint bank account is garnisheed, the summons expires the first time any money is paid into it. For any other bank account, the summons expires 60 days after it is issued.

Any garnishee summons can be renewed by filing a Garnishee Summons Renewal Statement within 60 days before expiry. There is no limit to the number of times it can be renewed.

Seizure

After you have registered your Writ of Enforcement at the Personal Property Registry, you can instruct a Civil Enforcement Agency to seize the property of your debtor. If the debtor does not then pay the debt, the property can be sold and the proceeds divided amongst creditors.

Documents Required by Civil Enforcement Agency

In order to carry out the seizure, the Civil Enforcement Agency will need the following documents:

Search- a Distribution Seizure Search from the Personal Property Registry through an authorized Alberta Registry agent. This search will show that your Writ of Enforcement has been registered and is active.
Warrant- this is a form that gives the Civil Enforcement Agency authority to enforce your Judgment and seize the property belonging to the debtor. All parts of the Warrant must be filled out by you as the creditor, or by your agent, such as your lawyer. The part of the form headed “Related Writs and Seizure fees and Costs” is left blank.
Notice of Seizure of Personal Property- you will need four copies of this form, which is used to tell the debtor about the seizure of the property to pay the debt. It is necessary to fill in your name as creditor, the name of the debtor and the Civil Enforcement Agency. You must also check the YES box with regard to a Notice of Objection being applicable. You do not sign this document. The Bailiff might use an Addendum form to add any additional property seized from the debtor.
Bailee’s undertaking- this form is used by the Bailiff to have a responsible person agree to keep the seized property and deliver it to the Civil Enforcement Agency when told to do so. You do not have to do anything with this form.
Notice of objection of seizure to property- one of these forms is needed for each debtor. The debtor can use the form to object to the seizure. The name of the Civil Enforcement Agency must be written on this form.

These forms can be found at the Queen’s Printer Bookstores and many stationery stores. A Civil Enforcement Agency will charge fees for carrying out a seizure. A deposit will be required before the seizure is carried out.

Sale of Property after Seizure

A creditor must give instructions to a Civil Enforcement Agency to hold a sale of the seized property. The Agency can only do this 15 days after the Notice of Seizure of Personal Property and Notice of Objection to Seizure of Personal property have been served on the debtor.

If the debtor does serve a Notice of Objection to the seizure on the Civil Enforcement Agency, it is necessary to get a court order before any property can be sold. This process would involve a hearing in court for which you might wish to consult a lawyer.

Complete document about the Civil Enforcement Act prepared for Legal Studies (13 pages) 58K

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