Judgment Enforcement Alberta: How to Collect After You Win

Winning Is Only Half the Battle

The Justice ruled in your favour. You have a court order saying the defendant owes you money. But that order does not transfer funds into your account — it gives you the legal authority to go and get them. If the defendant does not pay voluntarily, you become a "judgment creditor" and the defendant becomes a "judgment debtor," and the burden of collection shifts to you.

Alberta has several enforcement tools. Which ones you use depends on what assets the debtor has and how cooperative they are.

Step One: Give the Debtor a Chance to Pay

Before launching enforcement proceedings, send the debtor a written demand referencing the court file number, the judgment amount (principal plus any awarded interest and costs), and a reasonable payment deadline — 15 to 30 days is standard. Many debtors pay at this stage because they know enforcement is coming.

If the debtor proposes a payment plan, you can agree to one informally or record the terms in a Settlement Agreement (Form CTS2756). If both sides want the court to enter judgment by consent, use a Consent Judgment (Form CTS2903).

Garnishment: Intercepting Wages and Bank Accounts

A Garnishee Summons directs a third party — typically the debtor's employer or bank — to pay money it owes the debtor into court toward your judgment. In Alberta, garnishment of wages, bank accounts, and accounts receivable is governed by the Civil Enforcement Act and uses a court-issued summons. Civil Enforcement Agencies are used to seize and sell personal property.

Before garnishing wages or bank funds, file a Writ of Enforcement at the Court of King's Bench and register it in the Personal Property Registry. The Garnishee Summons (Form CTS3606) requires a registered writ. The process:

1. Complete and file a Garnishee Summons (Form CTS3606) with its supporting affidavit
2. Serve the summons on the debtor's employer, bank, or other garnishee
3. The garnishee serves the debtor, responds to the court, and pays any funds subject to the summons, after applicable exemptions under the Civil Enforcement Act

The debtor can apply to the court to vary or halt garnishment if it causes undue hardship, but the default position is that the order stands.

Seizure and Sale of Personal Property

If the debtor owns vehicles, equipment, or other personal property, a Civil Enforcement Agency can seize and sell those assets to satisfy the judgment. Alberta law protects certain essentials from seizure — basic household furnishings, one motor vehicle up to a prescribed value, tools of the trade up to a prescribed value — but non-exempt assets are fair game.

Registering the Judgment Against Land

If the debtor owns real property in Alberta, you can register your judgment with the Alberta Land Titles Office. A registered judgment creates a lien — the debtor cannot sell or refinance the property without dealing with your claim first. This does not get you paid immediately, but it secures your position for whenever the property changes hands.

To enforce against land, file a Writ of Enforcement at the Court of King's Bench, register it in the Personal Property Registry, and register it against the land title at the Land Titles Office.

Examination in Aid of Execution

If you do not know what the debtor owns, you can apply to the court for an order compelling the debtor to attend an examination and disclose their assets, income, and debts. This is sometimes called a "judgment debtor examination." The debtor must bring financial records — bank statements, tax returns, pay stubs — and answer questions under oath.

If the debtor fails to attend without a valid excuse, the court can issue a warrant for their arrest (civil contempt).

Post-Judgment Interest

Your judgment continues to accrue post-judgment interest from the date it was entered until it is paid in full. The rate is set under the Judgment Interest Act and the Judgment Interest Regulation. This interest accumulates automatically — you do not need to apply for it — and is added to the total when the debt is collected.

How Long a Judgment Lasts

An Alberta judgment is valid for 10 years from the date it was entered. It may be renewed before it expires. If it has not been registered at the Court of King's Bench, apply in the Alberta Court of Justice where the judgment was granted; if it has been registered there, contact the Court of King's Bench about its renewal process.

The Full Civil Claim Process

Enforcement is the final stage of a process that starts long before the hearing. Our Alberta Civil Claim Guide covers the entire sequence — checking the monetary limit, drafting and sending a demand letter, filing the Civil Claim, serving the defendant, preparing evidence, and navigating the hearing — with deadline tracking and form-by-form instructions for each step.

See more Alberta guides →