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Writ of Possession
The enforcement of a Writ of Possession is the final step in the process of evicting a Tenant and can only be enforced by a licensed bailiff, working for a civil enforcement agency.
The Writ of Possession itself is a Court document providing direction and authority for a bailiff to enter and take possession of the premises.
Before the Court of Queen’s Bench will issue a Writ of Possession a Landlord must obtain an Order for Possession of the Premises. This Order can be obtained through the Court of Queen’s Bench, the Provincial Court or through the Residential Tenancy Dispute Resolution Service.
The bailiff will attend the premises, enforce vacant possession pursuant to the Writ, and ensure the premises are secure before they leave. The Landlord should arrange with SERV-IT prior to enforcement if the bailiff needs to arrange a locksmith to be present to change the locks.
Rule 363 of the Alberta Rules of Court addresses what must be done with Tenants goods once a Writ has been enforced. Orders received from the Residential Tenancy Dispute Resolution Service allow Landlords to deal with Tenants goods in compliance with section 31 of the Residential Tenancies Act. It is always advisable to take pictures of remaining goods for review by the RTD or Courts if required.
Writ of Enforcement
Once you receive a judgment it is your responsibility to collect on it. Judgments are good for 10 years and can be renewed for an additional 10 years so you might decide some level of enforcement is a good idea. There are several ways in which you can proceed to collect, including garnishment and seizure, depending on how much time, effort and money you want to put into it.
A Writ of Enforcement must be prepared and filed with the Court of Queen’s Bench and the Personal Property Registry (PPR) before collection of the debt may begin. This will cause the debt to show on the tenant’s credit rating and allow you to share in monies collected by other debtors by way of garnishment and/or seizure.
You can register a Writ against the tenants vehicle or land, garnishee their bank account or employment and/or seize assets.
It is important to note that:
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when you begin enforcement proceedings you are doing so on behalf of all creditors (anyone else who has filed a Writ of Enforcement against the tenant)
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any statutory claim, i.e. Workers Compensation Board, Maintenance Enforcement, etc. takes priority over your claim (regardless of when it was filed)
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the Writ must be renewed with the PPR every 2 years
