Examination in Aid of Enforcement Alberta: How to Find Debtor Assets
When You Need an Examination
You won your judgment and the debtor isn't paying. Before you can garnish wages or bank accounts, you need to know where the debtor works and where they bank. If the debtor hasn't volunteered that information — and they usually haven't — Alberta gives you two statutory tools to compel disclosure.
The first is a written Financial Statement demand (Form 13 for individuals, Form 14 for corporations). The second, and more powerful, is the Examination in Aid of Enforcement — an in-person or virtual oral examination under oath.
Most creditors start with the Form 13/14 demand because it's cheaper. The examination becomes necessary when the debtor ignores the written demand, returns an incomplete statement, or when you suspect they're hiding assets.
How It Works Under the Alberta Rules of Court
Examinations in Aid of Enforcement are governed by Part 11, Division 2 of the Alberta Rules of Court. The procedure:
- Issue a Notice to Attend Examination. This is a formal court document compelling the debtor (or, for a corporate debtor, an officer or director) to appear at a specified date, time and location.
- Serve the notice personally on the debtor, along with the prescribed witness allowance fee. Personal service is mandatory — you cannot substitute service by mail for an examination notice.
- The examination takes place before an official court reporter. The debtor is placed under oath and must answer questions about their financial situation.
- You may require specific documents. The notice can compel the debtor to bring income tax returns, bank statements, property deeds, vehicle registrations, corporate ledgers and employment records.
What You Can Ask
The scope of an Examination in Aid of Enforcement is broad. You are entitled to ask about anything relevant to locating assets and evaluating the debtor's ability to pay. Typical questions include:
- Where do you bank? List every financial institution and account number.
- Who is your employer? What is your gross and net monthly income?
- Do you own real property? Where, and what is the mortgage balance?
- What vehicles do you own or lease? Make, model, year, and outstanding loan balance.
- Do you hold any investments — RRSPs, TFSAs, brokerage accounts?
- Are you owed money by anyone? Outstanding invoices, loans to friends, tax refunds pending?
- Have you transferred or sold any property in the past 12 months?
The debtor must answer under oath. A failure to attend or refusal to answer legitimate questions can support an application for an order compelling attendance or for civil contempt.
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What Happens If the Debtor Doesn't Show Up
A debtor who fails to attend after being properly served can be brought before the Court of King's Bench on an application for:
- An order compelling attendance — the court sets a new date and warns the debtor that further non-compliance will result in sanctions
- A contempt finding — civil contempt under Rule 10.52 can result in fines or, in extreme cases, imprisonment
The threat of contempt is usually enough to get a reluctant debtor into the examination room. Courts take refusal to attend seriously because the entire enforcement system depends on creditors being able to locate assets.
Using What You Learn
The examination is not an end in itself — it's an intelligence-gathering exercise. The information you obtain directs your next enforcement steps:
- Bank account details → issue a Garnishee Summons on the financial institution
- Employer name and address → issue a Garnishee Summons on the employer for wage garnishment
- Vehicle or equipment ownership → instruct a Civil Enforcement Agency to seize the asset (if equity exceeds the exemption)
- Real property ownership → register the writ against the land title and evaluate whether forced sale is viable
- Discovery that the debtor is effectively judgment-proof → pause enforcement rather than spending more money on futile steps
The Form 13/14 Alternative
If you prefer to start with a lower-cost written approach, the Financial Statement demand under Section 35.10 of the Civil Enforcement Regulation requires the debtor to complete a detailed disclosure form and return it within 15 days of service.
Form 13 (individual debtors) covers income, employment, bank accounts, vehicles, real estate and debts. Form 14 (corporate debtors) covers corporate bank accounts, receivables, inventory, property and equipment.
If the debtor ignores the demand or returns an obviously incomplete statement, that failure itself provides grounds for a contempt application — and sets up the Examination in Aid of Enforcement as the logical next step.
Putting It All Together
Asset discovery is the step that makes everything else possible. Without it, garnishment is guesswork and seizure is blind. The Alberta Judgment Enforcement Guide covers both the written financial statement process and the examination procedure in detail, including the questions to ask, documents to demand and follow-up enforcement steps based on what you find.
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