Post-Judgment Enforcement for Small Claims in Alberta
Post-Judgment Enforcement for Small Claims in Alberta
Winning your case in the Alberta Court of Justice (Civil) (also known as "small claims") is an exciting prospect, but it doesn’t always mean you’ll automatically get paid. If the defendant doesn’t pay voluntarily, you may need to take steps to enforce the judgment. This blog post explains the key enforcement options available to you after you’ve obtained a judgment.
Step 1: Confirm the Judgment
Once the court has ruled in your favour, you’ll receive a Certificate of Judgment or a Certificate of Default Judgment or written court order. Make sure:
The judgment is final (not under appeal or conditional).
You know the exact amount owing, including any interest awarded.
You’re within the 10-year time limit to enforce it under Alberta law.
Step 2: Search for Assets
Before jumping into enforcement, it’s smart to gather information about the debtor’s assets. This could include:
Employment (for wage garnishment),
Bank accounts (for account garnishment),
Vehicles or property (for seizure),
If you don’t have this information, there are searches you can do, or you can compel the Defendant (the "Debtor") to disclose their fincances through the Court of King's Bench, which involves an application.
Step 3: Register Your Judgment
You need to file your judgment with the Court of King's Bench, along with a Writ of Enforcement. Once that is done, you’ll first need to then register it with The Personal Property Registry (PPR): This creates a public record of your judgment.
If the debtor owns land, you can register the Writ of Enforcement against the title.
Once registered, your writ is valid for 2 years, but it can be renewed.
Step 4: Choose Your Enforcement Method
Here are the three most common post-judgment remedies:
1. Garnishment
This lets you intercept funds owed to the debtor from third parties, like banks or employers.
File a Garnishee Summons with the court.
Serve it on the garnishee (bank, employer, etc.) and the debtor.
Funds are paid into court and may be released to you after a set period (typically 30 days), unless the debtor objects.
Note: In Alberta, the first $2,000 collected by garnishment goes to the creditor who initiates it—even if other creditors have earlier writs. After that, proceeds are shared proportionally among all creditors with writs filed.
2. Seizure and Sale of Property
Through a Civil Enforcement Agency, you can request seizure of personal property (e.g., vehicles, electronics) to be sold at public auction.
You must have a registered Writ of Enforcement.
Some property is exempt under the Civil Enforcement Act (e.g., basic household goods, tools of the trade).
3. Payment Hearing or Instalment Order
If the debtor is cooperating but cannot pay in full, you can apply for a court-supervised payment plan.
The debtor may be ordered to make regular payments.
If they default, further enforcement can proceed.
Step 5: Monitor and Renew
Interest continues to accrue under the Alberta Judgment Interest Regulation.
Keep track of any payments made.
Renew your Writ of Enforcement every 2 years to maintain priority.
A judgment is enforceable for 10 years, but can be renewed if needed.
Final Tips
Be strategic. Garnishing wages from an unemployed person won’t help. If you know they own property or have a steady income, choose the most effective remedy.
Stay organized. Document all steps and correspondence.
Use legal help if needed. Civil Enforcement Agencies and legal advisors can help navigate more complex situations.
Enforcing a judgment isn’t always quick or easy—but with the right tools and persistence, it can pay off.
