In Alberta, the enforcement rights of a secured party are established pursuant to the Personal Property Security Act. Seizure must be conducted through a Civil Enforcement Agency in accordance with the Civil Enforcement Act.
In order for WCEA to act on your behalf we must receive a Letter of Instructions. The instructions must outline what your intentions are including whether the property is to be seized and where it is to be removed to, whether the property could be left with the debtor under a Bailee’s Undertaking or if the property is to be removed and stored until otherwise resolved. The instructions must include an indemnity to WCEA for acting on the instructions given. A copy of your security agreement and verification that the security agreement is registered with the Alberta Personal Property Registry must also be included with the Letter of Instructions.
Prior to completing the seizure we will conduct a number of searches which will confirm your interest in the property but may also identify other interests in the security that could affect your decision to seize. Once the intention to seize is confirmed, we will then prepare the required documents to conduct the seizure and assign the file to a bailiff.
In order to seize a security under the Garage Keepers’ Lien Act, a garage keeper must have a work order signed by the debtor as an acknowledgement of the debt. The lien terminates on the 21st day after the date on which possession of the vehicle was surrendered to the debtor unless the lien is registered with the Personal Property Registry within that 21 day period.
The lien expires six months after it was registered with the PPR unless extended a further six months by the Court. In addition, the debtor may file a Notice of Objection to the seizure of the property.
WCEA can conduct seizures under the Garage Keepers’ Lien Act and will provide guidance to confirm that a lawful seizure is possible.