Collecting Your Judgment In Alberta

State:
Multi-State
Control #:
US-02700BG
Format:
Word; 
Rich Text
Instant download

Description

The Agreement Between Attorney and Client to Collect a Judgment is a legal document that outlines the responsibilities and expectations for both the attorney and the client regarding the collection of a judgment in Alberta. This form includes key provisions detailing the services to be performed by the attorney, which is to collect money owed to the client based on a prior judgment. The attorney's fee is set at fifty percent of the collected amount, and clients must advance anticipated costs related to the collection efforts. This agreement also grants the attorney the authority to initiate collection processes, including sending demand letters and pursuing court actions if necessary. Clients are required to direct any payments received from the debtor to the attorney for proper handling and have the option to involve co-counsel without additional charges. Specific clauses address scenarios where the attorney may withdraw from representation, ensuring clients are aware of contingencies related to collection feasibility. The document also includes sections on severability, arbitration for disputes, and confidentiality. This form is particularly beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants, as it provides a clear framework for managing collections while outlining legal obligations and protecting both parties’ interests. It serves as a reliable resource for professionals involved in debt recovery, helping them navigate client relationships and legal processes effectively.
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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.

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Collecting Your Judgment In Alberta