Writ of Enforcement Judgement
If you are owed money and have a judgement, we can seize and sell a debtor’s personal property, sell their land, or garnishee wages.
Sale of Land
If you have a judgement, you are entitled to sell the debtor’s land to satisfy your debt. Sale of land is a very effective way to recover money from a debtor. We have a 97% rate of success from our past clients and can guarantee to get you what you deserve.
Seizure
If you have a judgement against a debtor, we are entitled to seize personal property that a debtor owns to satisfy your debt. Property that can be seized includes vehicles, equipment, bank accounts, shares, etc.
Garnishment
If you know where the judgement debtor works, or where they do banking, garnishment can help you get paid by the bank, employer or other third party.
Contractual – Personal Property Security Act (PPSA)
A secured party’s enforcement rights are established by the Personal Property Security Act. On default of a loan agreement , the secured party has the right to take possession of the collateral or otherwise enforce the security agreement by any method permitted by law.
Process
Letter of Instructions
The creditor or their agent will provide a Letter of Instruction to Allied Shortridge Civil Enforcement Agency. Instructions will contain arrears amount, accelerated arrears amount, location to seize at, indemnification. Finally, if the seized property is to be removed, or left on a Bailee’s Undertaking.
Bailee’s Undertaking
The debtor, or a responsible person, will be asked to sign a legally binding document for the safekeeping of the seized property and surrendering it to the Civil Enforcement Agency when requested.
Landlord (Commercial & Residential)
Residential Evictions
In order for a landlord to evict a residential tenant, a Court Order to vacate and an Affidavit of Service must be filed with the Court and in that order. In some circumstances, there may or may not be conditions attached to the Order. A Notice of Default may have to be served, and filed with the Court.
Commercial Evictions
In order for a landlord to evict a commercial tenant, a Notice of Default must be served on the tenant. If the tenant does not rectified the default specified in the notice, the landlord can instruct us to change locks. A Court Order is not required to evict a commercial tenant.
Landlord Distress
A landlord has the right to seize under distress for unpaid rent through common law. If a rental agreement allows, accelerated rent may be seized, taxes or other charges can be added if they are stated as collectable rent in the rental agreement.
Only property on the rented premises may be seized, if the tenant removes property from the rented premises to avoid seizure, the property may be followed for 30 days. In cases like this, the landlord must show by “sworn Affidavit”, that the debtor’s property was removed specifically to avoid seizure.
Process
Letter of Instructions
The creditor or their agent will provide a Letter of Instruction to Allied Shortridge Civil Enforcement Agency. Instructions will contain arrears amount, accelerated arrears amount, location to seize at, indemnification. Finally, if the seized property is to be removed, or left on a Bailee’s Undertaking.
Bailee’s Undertaking
The debtor, or a responsible person, will be asked to sign a legally binding document for the safekeeping of the seized property and surrendering it to the Civil Enforcement Agency when requested.
Seizure under Garage Keepers Lien Act
Motor vehicles, farm vehicles, airplanes, parts and accessories can be seized under the Garage Keeper’s Lien Act. Before a seizure can be made, the garage keeper must have one of two things: possession of the vehicle OR acknowledgement of indebtedness. A lien must be made at the Personal Property Registry.
The lien terminates on the 21st day after the date on which possession of the vehicle was surrendered to the debtor, the lien must be registered with the Personal Property Registry within that 21 day period. The lien expires six months after it was registered with the PPR unless extended a further six months by the Court. In addition, the debtor may file a Notice of Objection to the seizure of the property.
Process
Letter of Instructions
The creditor or their agent will provide a Letter of Instruction to Allied Shortridge Civil Enforcement Agency. Instructions will contain arrears amount, location to seize at, indemnification. Finally, if the seized property is to be removed, or left on a Bailee’s Undertaking.
Bailee’s Undertaking
The debtor, or a responsible person, will be asked to sign a legally binding document for the safekeeping of the seized property and surrendering it to the Civil Enforcement Agency when requested.
Court Orders Enforcement
Allied Shortridge Civil Enforcement Agency Inc. has the ability to enforce Court Orders such as: Attachment Orders, Possession, Anton Pillar Orders, Replevin Orders and other general orders granted by the courts.
In order to enforce your Court Order, we will require you to complete a Letter of Instruction and provide us with a copy of the Court Order.
Foreclosure
Final order for Foreclosure Letter of Instruction must be completed
Seizure under Municipal Government Act
The Municipal government Act allows cities, towns and counties in Alberta to send a Bailiff to seize for delinquent business taxes and occasionally other matters that fall under the Municipal Government Act.
Municipalities have the ability to recover outstanding Business Taxes, Manufactured Home Property Taxes, Well Drilling Equipment Taxes, Linear Property Taxes and/or Property Taxes related to improvements on leased Crown-owned land.
Seizure under Mobile Home Sites Tenancies Act
Mobile Home Sites Tenancies Act allows a mobile home park to seize a renters mobile home should they default on paying pad rent. if the rent is not paid within 15 days after the seizure or satisfactory arrangements made with the mobile home park the mobile home can be sold
Download the Letter of Instruction for Seizure of Mobile Home
Trustee’s Letter of Instruction
Trustee’s Letter of Instruction is used by trustees who’s clients are not forthcoming in the disclosure or handing over of assets
Seizure under Warehouseman’s Lien Act
Should a licensed warehouse not be paid by the owner or agent of the owner of property stored with them, the Warehouseman’s Lien Act allows for those good to be sold to recover storage charges