A Writ of Enforcement in Alberta is a legal document filed with the Court of Queen’s Bench after obtaining a court order or judgment awarding money.
It’s the first step a creditor takes to collect money from a debtor who has refused to pay the judgment amount.
This writ allows the creditor to enforce the judgment anywhere in Alberta through garnishment, seizure of property, or other legal methods.
What Is a Writ of Enforcement in Alberta?
A Writ of Enforcement is a crucial tool for creditors in Alberta, enabling them to pursue various legal avenues to collect debts owed by a debtor.
This document formalizes the creditor’s right to collect based on a court-awarded judgment.
Key Features of a Writ of Enforcement
Filing Requirements: Before filing a Writ of Enforcement, a creditor must have a court order or judgment in their favor from either the Provincial Court (Civil Division), the Court of Queen’s Bench, or another tribunal.
Enforcement Actions: Once filed, the writ authorizes the creditor to collect the debt through garnishment of wages, seizure of personal or real property, and other methods permitted by law.
Registration Process: The writ must be registered at the Court of Queen’s Bench and can then be enforced throughout Alberta. It may also be registered at the Personal Property Registry and the Land Titles Office to establish claims on the debtor’s personal and real property, respectively.
FAQs on Writ of Enforcement in Alberta
How do I obtain a Writ of Enforcement? Obtain a court order or judgment in your favor, then file the writ at the Court of Queen’s Bench. The writ form is available on the Alberta Courts website.
What can be seized under a Writ of Enforcement? Personal property not considered exempt (like certain personal belongings, tools of trade, or household furniture up to a specified value) and real property owned by the debtor can be seized.
How long is a Writ of Enforcement valid in Alberta? A court order is effective for ten years from the date it is made, and the registration at the Personal Property Registry is effective for two years but can be renewed.
Can expenses incurred in enforcing the judgment be recovered? Yes, all expenses and interest incurred in enforcing the court order can be recovered from the debtor and should be included in the amount owing.
In Summary
- A Writ of Enforcement in Alberta is a legal document that enables creditors to collect debts through various enforcement actions, following a court order or judgment.
- The writ must be properly filed and registered at the Court of Queen’s Bench and may also be registered at the Personal Property Registry and the Land Titles Office.
- Creditors can recover expenses and interest incurred in the enforcement process from the debtor.
Sources
- Calgary Legal Guidance: Provides an overview of enforcing a court judgment by a Writ of Enforcement in Alberta. Enforcing a Court Judgement by a Writ of Enforcement – Calgary Legal Guidance.
