Garnishee Summons Alberta: How to Issue One and What to Expect

What a Garnishee Summons Does

A Garnishee Summons is a court-issued order that forces a third party — called the garnishee — to hand over money they owe the judgment debtor. The most common targets are the debtor's bank (which holds their deposit balances) and the debtor's employer (which owes them wages).

In Alberta, garnishment is governed by Part 8 of the Civil Enforcement Act. It is usually the first enforcement tool creditors reach for because it doesn't require a bailiff, doesn't involve a retainer deposit and can start producing money within weeks of service.

Prerequisites Before You Can Issue One

You cannot issue a Garnishee Summons unless three conditions are met:

1. An entered judgment. Your judgment must be formally entered — bench notes or oral reasons are not enough.
2. An issued Writ of Enforcement. The King's Bench clerk must have issued a writ. Court of Justice judgments require a Certificate of Judgment filed at the King's Bench first.
3. An active PPR registration. Your writ must be registered at the Personal Property Registry before you file for garnishment.

If any of these is missing, the garnishment is procedurally defective.

Filing the Garnishee Summons

You prepare two documents for the Court of King's Bench clerk:

• Garnishee Summons form (Form 11 / CTS3606 in the court forms system)
• Affidavit for Garnishee Summons — this sets out the judgment balance, confirms your PPR registration is active, and identifies the target garnishee (name and address of the bank branch or employer)

Pay the filing fee and the clerk issues the summons. You now need to serve it.

The Service Sequence

Alberta has a strict service order that protects the creditor's interests:

Step 1: Serve the garnishee first. Serve three copies of the summons on the bank or employer with the required compensation fee. Service attaches the garnished obligation.

Step 2: The garnishee serves the debtor. Within 15 days after being served, the garnishee must serve a copy of the summons on the judgment debtor. If the garnishee cannot do so, you must arrange service on the debtor.

Service attaches the garnished obligation. A deposit-account summons remains in effect for up to 60 days from issue and may attach future obligations during that period. An employer summons generally remains in effect for two years from issue.

Bank Garnishment vs Wage Garnishment

These two targets work differently under the Act:

Bank account garnishment attaches the bank's current obligation to the debtor and may also attach future obligations during the summons's 60-day term. A new summons is needed to attach later obligations after it expires.

Wage garnishment is ongoing. A Garnishee Summons served on an employer attaches the debtor's net employment earnings as they become payable over the two-year statutory lifespan of the summons. Each pay period, the employer calculates the attachable amount after applying exemptions and remits it to the Court Clerk.

Where the Money Goes

The garnishee doesn't pay you directly. All attached funds are remitted to the Court Clerk, who holds them in a distribution fund. The Clerk distributes the funds according to the Civil Enforcement Act's priority rules:

1. Enforcement expenses of the instructing creditor
2. Statutory priority claims (maintenance arrears, WCB)
3. First $2,000 to the instructing creditor
4. Remaining balance shared proportionally among all creditors with registered writs

If you are the only registered creditor, the distribution is straightforward. If others are in line, you still benefit from being the one who initiated the garnishment — you recover your costs first and get the $2,000 preference.

Joint Bank Accounts

A garnishee summons served on a joint account creates a presumption that the debtor owns a proportionate share — typically 50%. The non-debtor account holder can apply to court to prove they own more (or all) of the deposited funds.

This matters because a joint account with a spouse may hold mostly the spouse's earnings. The bank will freeze the debtor's presumed share, but the actual distribution may be less after the co-owner's application.

What Happens If the Debtor Has No Known Bank or Employer

If you don't know where the debtor banks or works, a Garnishee Summons has no target. This is where asset discovery tools come in — specifically, demanding a Financial Statement (Form 13 for individuals, Form 14 for corporations) or conducting an Examination in Aid of Enforcement under oath.

The debtor is legally required to disclose their income sources, bank accounts and employment under penalty of contempt. That disclosure gives you the target information you need to issue an effective garnishment.

The Complete Garnishment Workflow

From obtaining your writ to receiving the first garnished payment, the process involves multiple filings, strict service rules and exemption calculations. The Alberta Judgment Enforcement Guide covers the full sequence with checklists for each step, including a garnishment exemption calculator and an accounting ledger for tracking what comes in.

See more Alberta guides →