Frequently Asked Questions
Yes, as defined in the Criminal Code of Canada, they are peace officers while carrying out their duties as a civil enforcement bailiff.
Technically you can choose to proceed directly to the RTDRS instead. Keep in mind that the RTDRS will typically grant quicker termination if a notice has been served.
The courts and RTDRS do not award security deposits. If you do not get this before the tenant moves in you will likely never see it. Ensure you obtain a Security Deposit in secured funds prior to granting the tenant access to the premises.
A Bailiff cannot without a break and enter order.
The Civil Enforcement Agency must direct the sale but we can work with you to get the best return possible.
You cannot keep the goods but there is a process to allow you to possibly buy the goods for fair market value.
If the creditor has the legal right to seize, then a bailiff could be instructed to seize your property without giving you any prior notice.
Tips
Ensure all changes to any legal document are in writing and all changed should be signed by all parties involved. This will prevent any “he said/she said” issues in the future.
Remember that the limitation period in Alberta is two years. Ensure you initiate court proceedings promptly to avoid additional problems.
When looking to seize consider all assets. Seizure of an item with high sentimental value can often promote settlement.
A picture says a thousand words. Always take photos.
Remember a Judgment is good for ten years. Just because someone has nothing of value currently, does not mean this will be the case for the next ten years.
Document everything! You never know when you may end up in court.
