Mod 9 pt. 2 Flashcards
When does reciprocal enforcement come into play?
when the debtor has a judgment in another jurisdiction, but they have assets here in AB
What two pieces of legislation recognize foreign judgments?
-Reciprocal Enforcement of Judgments Act
-International Conventions Implementations Act
What docs need to be obtained from the foreign court to apply for reciprocal enforcement?
-Certified copy of the foreign judgment
-Certificate from the Clerk of the foreign court confirming the Judgment is current
-Certified copy of the Affidavit of Service for the commencing doc
What documents are needed to apply for a Registration Order?
-Originating Application (Form 7)
-Affidavit (Form 49)
-Draft Registration Order
How many photocopies should be made of the Originating Application and the Affidavit?
three copies of each
How much is the filing fee for the Originating App and the Affidavit?
$250.00
How long does the creditor have from the date the foreign judgment is granted to apply for a Registration Order in AB?
six years
What docs need to be completed after the creditor has received everything owing to them?
-Statement of Account
-Reporting Letter
-Discontinuance of Claim (Form 23)
-Status Report
-Discharge of Writ of Enforcement (if the debtor had land in AB and the writ was registered against the land)