Collecting Your Judgment In Alberta
Description
How to fill out Agreement Between Attorney And Client To Collect A Judgment?
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FAQ
ENFORCEMENT OF JUDGEMENTS Interest is charged on an unpaid judgement. It is calculated from the date of the judgement. While a judgement issued in an Alberta court can only be enforced in Alberta, a creditor may transfer the judgement to other provinces.
If you are a party and have missed a Court date and Judgment was issued against you, you can apply to set aside the Judgment by the following process: Complete the form called Application and select setting aside a Default Judgment. There is a filing fee for the Application.
The first step to enforcing (collecting) your Judgment is to file the certified copy of Certificate of Default Judgment in Court of King's Bench. It is also recommended that you review the publication called Enforcing your Judgment in Alberta.
If you have obtained your Judgment in Provincial Court Civil, a certified copy will be mailed to you and to the debtor. You must file the Certificate of Judgment with the Court of Queen's Bench if you wish to use either of these enforcement processes. You then prepare a Writ of Enforcement.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.