WRIT OF ENFORCMENT SEIZURE

Transcription

1 WRIT OF ENFORCMENT SEIZURE After taking legal action to recover outstanding monies owed to you either through Provincial Court (small claims) or through Court of Queen s Bench, a judgement may be awarded to you in your favour based on the outcome and/or decision made by the Judge. Should a judgement be granted in your favour, the next step would be to obtain a Writ of Enforcement and file it at Court of Queen s Bench. To establish your right to collect the judgement, the Writ of Enforcement must be registered at Personal Property Registry. When hiring our services, you will need to provide us with the following information: Copy of the filed Writ of Enforcement Verification Statement Retainer for service of $ Directions on how you wish the seizure to take place. (i.e. do you want a removal to take place or a soft seizure by leaving the seized goods under their care for the time being). Other serious considerations such as, If a removal is to take action, do you have storage available or a preferred auction or storage compound that you use? Do you believe that the Enforcement Debtor will redeem and bring the account up to date? Some things to keep in mind while the file is being worked on: If a removal is to take place, the costs of the file will surely increase at a greater amount as there will be the hard costs of hiring movers, towing if applicable, storage costs, etc. Once seizure is affected, the Enforcement Debtor has fifteen (15) days from the date of service of the proper documentation provided by the Bailiff, to either pay the full arrears and costs associated to the file, not pay or object to the seizure for whatever reasons. Bay 6, Avenue S.E., Calgary, Alberta, T2Z 4J7 Telephone: (403) , Fax: (403) Page 1

2 Should an objection take place, a lawyer will need to be hired to attend court before a Master and make application to have the objection overturned before the Agency will proceed with sale of the seized goods or take any further action on the file unless otherwise ordered by the Courts. During this period of time, costs may still incur however, such as costs for addressing the file by the Agency, storage, Etc. Should the seized goods go to sale, the funds received by the agency from the sale will have to be distributed according to the Civil Enforcement Act. Canada Revenue, Worker s Compensation and prior seizures and related writ holders against the Enforcement Debtor may take priority in the funds over the Landlord. Bay 6, Avenue S.E., Calgary, Alberta, T2Z 4J7 Telephone: (403) , Fax: (403) Page 2

3 WRIT OF ENFORCEMENT SEIZURE INSTRUCTIONS Bay 6, Avenue S.E. Calgary, Alberta, T2Z 4J7 Telephone: (403) Fax: (403) We hereby confirm that we have the legal right to seize the property of the Debtor as described below, pursuant to outstanding judgement in the province of Alberta and therefore instruct Prairie Bailiff Services to: Seize sufficient non-exempt assets owned solely by the Debtor to satisfy the Warrant and costs associated with the file. Seize the specific mentioned items below: Seizure Instructions Leave all seized goods on a Bailee's Undertaking in the possession of: Debtor's Information Debtor's Name(s): Debtor's Address: Best time to attend: File Information Your reference: Contact Name: Date: Attachements Copy of filed Writ of Enforcement Verification Satement

4 Contract and Indemnity Contract for Services The undersigned instructing party hereby warrants to Prairie Bailiff Services that it is the enforcing party, or that it is the lawful agent of the enforcing party or is otherwise legally authorized to give instructions on behalf of the enforcing party to Prairie Bailiff Services and that it has determined that the enforcement activities instructed herein are lawful. Upon instructing Prairie Bailiff Services, the instructing party shall be responsible for the costs of such services, including all costs required to lawfully complete, suspend or withdraw civil enforcement activities. The instructing party agrees to pay for all services performed and invoiced by Prairie Bailiff Services within 30 days of the invoice date. Such services will be charged at the rate published by Prairie Bailiff Services and the Sheriff for the Province of Alberta. The instructing party further agrees to provide deposits or other advances for civil enforcement services to be performed upon the request of Prairie Bailiff Services. Instructing Party (Individual or Legal Name of Company): Address: Phone: Fax: Signature (required) Name (Print) Indemnity The undersigned confirms that enforcement instructions given to Prairie Bailiff Services are lawful and factually accurate and hereby indemnifies on a solicitor and his own client basis Prairie Bailiff Services, and its directors, shareholders, employees, and agents in respect of its fees, charges and disbursements and in respect of any suit, liability, or claim for damages that might be incurred by it in respect of any function carried out on the enforcement instructions. However, this indemnity shall not extend to any liability arising from the negligence or willful misconduct of Prairie Bailiff Services. This indemnity shall remain in force with respect to all services requested from time to time. In the event of litigation to which this indemnity applies, the undersigned agrees to fund, during the course of such letigation, the legal defense costs of Prairie Bailiff Services and its directors, shareholders, employees, and agents. Instructing Party (Individual or Legal Name of Company): Signature (required) Name (Print)

5 Form 1 Civil Enforcement Regulation Civil Enforcement Agency File Number Warrant (Writ Of Enforcement) TO: Alberta Ltd O/A Prairie Bailiff Services Bay 6, Avenue SE, Calgary, Alberta. T2Z 4J7 Name and Address of Civil Enforcement Agency A Writ of Enforcement has been registered at Personal Property Registry as Registration Number: You are hereby instructed to seize the personal property of: OF Name and Address of Debtor In order to realize the sum of $ Owing to: and Amount Owing as Registered at P.P.R. Name Of Creditor the total amount of all related writs plus cost. The personal property is located at: Dated at Alberta, on Signature of Instructing Creditor or Authorized Agent Print Name of Instructing Creditor or Authorized Agent Address of Instructing Creditor or Authorized Agent City Province Postal Code Telephone Number Fax Number Related Writs - See Reverse Or Attached Search Results. Amount Owing This Writ...$ Plus Total of Related Writs...$ Plus Seizure Fees And Costs...$