Certificate of Judgment Alberta: Transferring to King's Bench for Enforcement

Why You Need a Certificate of Judgment

If you won your case in the Alberta Court of Justice — the court that handles civil claims up to $100,000 — you cannot enforce the judgment directly through that court. The Court of Justice can decide your case, but it lacks the statutory power to issue Writs of Enforcement, order garnishment or supervise seizures.

To access any enforcement tool in Alberta, your judgment must live in the Court of King's Bench. The Certificate of Judgment is the bridge document that gets it there.

This catches most self-represented litigants off guard. They assume the court that awarded the judgment will also collect the money. It won't. The enforcement machinery is in the superior court, and the Certificate of Judgment is the ticket to reach it.

How to Obtain the Certificate

The process starts at the Court of Justice clerk's office where your case was heard:

1. Confirm the judgment is formally entered. Your judgment must be drawn up, signed and entered by the court clerk. Oral reasons from the bench or informal notes don't count — enforcement based on an unentered order is void.
2. Request a Certificate of Judgment under Section 32 of the Court of Justice Act. Ask the clerk for this specifically — they issue it as a standard administrative step.
3. Pay the prescribed filing fee. Check the current Court of Justice fee schedule, and ask the clerk about processing time.

The certificate will state the names of the parties, the amount of the judgment, the date it was entered and the originating court file number.

Filing at the Court of King's Bench

Take the Certificate of Judgment to the civil office of the Court of King's Bench. If your original case was heard in Calgary, file at the Calgary King's Bench office; same for Edmonton or any other judicial district.

When you file the certificate:

1. The clerk enters your Court of Justice judgment as a judgment of the Court of King's Bench.
2. You receive a King's Bench file number — this is the file number you will use for all enforcement filings going forward.
3. You can now request a Writ of Enforcement from the King's Bench clerk.

The entire transfer — certificate to writ — can happen in a single visit if you bring the certificate ready to file.

What About Court of King's Bench Judgments?

If your judgment was originally entered in the Court of King's Bench (claims over the Court of Justice limit, or matters that started there), you skip this step entirely. You already have a King's Bench judgment and can request a Writ of Enforcement directly.

The certificate process exists specifically because Alberta splits adjudication (which either court can do) from enforcement (which only the King's Bench controls).

Common Questions

Can I enforce without getting a certificate? No. Without the certificate and King's Bench registration, you cannot obtain a Writ of Enforcement. Without the writ, you cannot garnish, seize or register against the debtor's property. Every enforcement step depends on this transfer.

How long does the transfer take? Usually same-day or next business day. Both the certificate issuance and the King's Bench filing are administrative — they don't require a hearing or a judge's approval.

Does the debtor get notified? Filing the certificate does not automatically trigger notice to the debtor. However, once you begin enforcement (serving a Garnishee Summons, for example), the debtor will be served.

Is there a deadline? The underlying judgment is valid for 10 years under the Limitations Act. You should obtain the certificate and register it promptly — delays don't help, and if the debtor is moving assets, early registration at the PPR protects your priority position.

What Comes After the Certificate

With your King's Bench file number in hand, the enforcement sequence opens up:

• Writ of Enforcement — issued by the King's Bench clerk, enabling all enforcement activity
• PPR registration — securing priority over the debtor's personal property province-wide
• Land Titles registration — encumbering the debtor's real property
• Financial disclosure demands — compelling the debtor to reveal assets, income and bank accounts
• Garnishment and seizure — the actual recovery tools

The certificate is five minutes of paperwork, but it unlocks the entire system. The Alberta Judgment Enforcement Guide walks through every step after the certificate — from writ issuance through to final discharge — with checklists for each filing.

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