Enforcing Your Civil Judgment After Winning In Court
Going to court and winning is one thing. Getting the money from the person you sued is another. Once you have obtained a judgment against someone, the next step is to enforce that judgment. This means obtaining payment of the judgment amount. If you have an unpaid judgment that is owing to you, the first step is always to send a demand letter. This link will help explain and give more information about demand letters. The civil enforcement lawyers at Kahane Law Office, in Calgary, Alberta, help clients collect what the courts ruled is owed to them.
Steps To Enforce Your Judgment
If you have a judgment or order from the Provincial Court or the RTDRS (Residential Tenancy Dispute Resolution Service) you must file the judgment or order with the Court of Queen’s Bench of Alberta, Civil Division. You need to do this in order for the judgment to take effect. This is a simple matter of going to the Court of Queen’s Bench filing counter for the Civil Division. Next, the Court Clerk will create a Court of Queen’s Bench file number for your judgment or order and will stamp it as “filed”.
The next step civil enforcement lawyers take is to prepare and file a Writ of Enforcement with the Court of Queen’s Bench. Once your civil enforcement lawyer files the Writ of Enforcement, you must register it with the Personal Property Registry for Alberta. There are a number of searches to do at the Personal Property Registry before you register your Writ of Enforcement. If the debtor owns assets that require registration (typically vehicles, trailers, snowmobiles, ATVs etc.) you can obtain the VIN numbers for same and register the Writ as a lien on that personal property. A lien prevents the debtor from selling that personal property until your judgment is paid.
Methods Civil Enforcement Lawyers Use
Once civil enforcement lawyers file a Writ of Enforcement with the Court of Queen’s Bench and registered at the Personal Property Registry, you then have the ability to begin civil enforcement proceedings. Civil enforcement proceedings include, but are not limited to, the following:
- Garnishment of bank accounts;
- Sale of Debtor’s home;
- Garnishment of wages;
- Seizure of assets;
- Garnishment of government benefits;
- Encumbering title to real property; and lastly
- Sale of debtor’s assets for your benefit.
A judgment entitles you to conduct a search at the Land Titles Office of Alberta. This search will show if the debtor owns real property in Alberta. If they do, you can register your judgment as a lien on title to that real property. This prevents the debtor from selling and/or refinancing that property until your judgment is paid. Registering your judgment on title to the debtor’s real property is one of the most effective ways to obtain payment of your judgment.
Successful enforcement requires tailoring enforcement methods to the specific debtor. Often, the debtor owns assets that are necessary for the debtor to earn their income. For example, a roofing contractor requires specific tools to perform its job. As a judgment creditor, you can seize the debtor’s tools and hold them until the debtor provides payment or sets up a suitable payment plan.
Our civil enforcement lawyers bring court proceedings against the judgment debtor if they do not pay the judgment. You can demand financial, employment and asset information from the debtor. If the debtor does not comply, a warrant for their arrest will be issued.
Cost Of Enforcing A Judgment
Kahane Law Office offers judgment enforcement on a flat rate fee basis. Our judgment enforcement package consists of the following:
- Converting your judgment/order to a Court of Queen’s Bench Judgment;
- Service of the judgment on the debtor via registered mail;
- Preparing a Writ of Enforcement and Addendum;
- Filing the Writ of Enforcement with the Court of Queen’s Bench of Alberta;
- Personal Property Registry searches;
- Land Titles Office of Alberta searches;
- Registering the Writ of Enforcement with the Personal Property Registry;
- Registering the judgment on title to the debtor’s real property;
- Up to three Garnishee Summons for the debtor’s bank accounts, employment income or government benefits;
- Automatic renewal of Writ of Enforcement (expires after two years) and judgment (expires after 10 years); and lastly
- Receipt and disbursement of collection funds
Our fee for the above Judgment Enforcement Package is $1,395.00.
Retaining Civil Enforcement Lawyers In Calgary
If you require assistance in collecting what you won in court, our firm helps! Our civil enforcement lawyers take steps to collect on your judgement. Call today. If the person who owes you has assets, we take action to collect on them. Reach us by phone at 403-225-8810 locally in Calgary, Alberta, or email us directly here.