Writ of Enforcement Seizure
A Writ Seizure is a seizure of non-exempt personal property to enforce a money judgement. Upon obtaining a judgement and entering it in the Court of Queen’s Bench, a creditor may prepare and file a Writ of Enforcement with the Clerk of the Court of Queen’s Bench in the Judicial District in which the judgement was issued. The Writ authorizes enforcement proceedings and must be registered with Personal Property Registry before enforcement can be initiated.
A Writ of Enforcement authorizes enforcement proceedings by a Civil Enforcement Bailiff in accordance with the Civil Enforcement Act for the purpose of enforcing a money judgement.
A debtor is entitled to certain exemptions. These are outlined on the “Information for Debtor Form”.
A Distribution Seizure Search will be conducted by the Civil Enforcement Agency to determine all Related Writs and stays of Proceedings such as Provincial Court Civil Claim Appeals, Bankruptcy, Court Ordered Stays, and Orderly Payment of Debts.
Settlement in the form of cash, certified cheque, bank draft or money order may be made for the entire debt owing if the Instructing Party directs the Agency to do so.
The Bailiff must physically see and be able to lay his hands on the personal property being seized in order to effect a proper seizure.
A debtor has the right to file a Notice of Objection to Seizure Form. He must serve this form on the Civil Enforcement Agency within 15 days from the date of service of the seizure documents.
If a third party (other than the debtor or creditor) claim to be the owner of the property seized, and serve a Third Party Claim on the Agency, the Agency will inform the Instructing Party in writing and all other related writ holders. After 22 days the Agency may continue or release the seizure depending on who disputes the claim.
How to Initiate a Seizure
The Civil Enforcement Act Stipulates that only Civil Enforcement Agencies are authorized to effect seizure. Seizure is defined as the act of taking possession of personal property. The Act further requries that the Civil Enforcement Agency use only Civil Enforcement Bailiffs appointed by the Sheriff for that purpose. When a Bailiff is carrying out his duties under the Civil Enforcement Act, he is a Peace Officer.
A Civil Enforcement Bailiff will act on instruction received from the Agency. The Instructing Party will forward a Warrant along with The Letter of Instructions to the Civil Enforcement Agency who will review the instructions, prepare the seizure package and issue the file to one of our appointed Bailiffs.
The Warrant is the document which provides the direction and authority to commmence enforcement proceedings against an enforcement debtor. It must be completed with the exception of the “Seizure and Fee Costs” and signed by the Instructing Party and must be given to the Civil Enforcement Agency.
Click here to fill out a warrant.
The Letter of Instructions
This letter comes from the Instructing Party to the Civil Enforcement Agency. It should contain instructions to the Civil Enforcement Agency regarding any urgency or unusual circumstances, whether removal of the property is required, a form of indemnification, or whether the debtor is aware of any legal impedements to seizure.
Click here to fill out a letter of instruction.
When effecting the seizure, the Bailiff may leave the seized personal property with a responsible person who agrees to keep the seized property and is responsible for its safekeeping and delivery to the Civil Enforcement Agency when requested. This may in some cases be the debtor.