COURT AGENCY/ENFORCEMENT

PARALEGAL SERVICES/PROVINCIAL COURT AGENCY REPRESENTATION FOR TENANT & LANDLORD DISPUTES

In Alberta, claims of up to $50,000.00 can be heard at the Provincial Court level.  The Provincial Court of Alberta allows for civil court agency representation which means that you do not have to hire a lawyer.  All matters, with the exception of land ownership disputes, government matters, wills/estates disputes, malicious prosecution, false imprisonment and defamation (libel/slander) can be heard at the Provincial Court level.  AzPerLegal Services, as a civil court agent, will represent your interests at a fraction of the cost of a lawyer.

AzPerLegal Services has extensive experience in civil litigation, with a particular emphasis on debt collection and expertise in enforcing your judgment – or in normal people speak – collecting the money!  

We also have considerable experience and expertise in landlord and tenant matters under the Residential Tenancies Act and provide agency representation before the RTDRS (Residential Tenancy Dispute Resolution Service).  More information on our Tenant & Landlord Dispute service can be found here. 

*A word about fees and disbursements – all are strictly recorded and set out in our invoice.

PROVINCIAL COURT AGENCY FEES

PRE LITIGATION

Cease and desist letters
Demand letters – $125.00 plus:
•  25% on recovery of claim between $0 – $1000
•  20% on recovery of claim between $1001 – $5000
•  15% on recovery of claim between $5001 and upwards

LITIGATION

– fees are billed at an hourly rate of $150.00

There are typically three to four stages to a litigation where a significant amount of work is required. With the recent changes to the Provincial Court Act, there are now more options or routes that a litigation can take, i.e. once the Claim has been filed, the Court may order the matter go to a mediation, a Judicial Dispute Resolution, Pre-Trial Conference or a simplified trial, prior to going to trial (with the exception of a simplified trial which takes the place of a full trial). At the beginning of the claim, documents must be reviewed to obtain a solid understanding of the matter and to properly prepare the claim.  Depending on the actions of the party, there may be very little to do until such time as either a Court mediation, Judicial Dispute Resolution or a Pre-Trial Conference is ordered. With the exception of a Judicial Dispute Resolution (where the outcome is binding), if the matter cannot be settled at the mediation or Pre-Trial Conference stage, then the matter is scheduled for an actual trial. Each of these stages require preparatory work and with particular regard to trial, extensive preparation in terms of witness preparation, evidence preparation and argument.

AzPerLegal will prepare, file and serve all Court documents, attend at all Court appearances and will conduct the trial on your behalf. We will also make every effort throughout the course of the litigation to try to resolve the matter so that no further legal expense is required. In connection with this, as a paralegal firm, AzPerLegal cannot provide you legal advice. We are able to assist in the process as your civil court agent and provide general information on legal matters, however, this should not be taken nor construed as legal advice.  If, at any time, you wish legal advice, we are happy to refer you to a lawyer.

PROVINCIAL COURT DISBURSEMENTS

Claims of $7,500.00 or less • Over $7,500.00

Filing Civil Claim – $100.00 – $200.00
Filing Dispute Note with no Counterclaim – $25.00 – $25.00
Filing Dispute Note with Counterclaim – $75.00 – $125.00
Filing Third Party Claim – $50.00
Notice of Application (in course of the matter up to trial, if required) – $50.00
Service of Documents – Depending on manner of service
Corporate Search where company involved – $20.00

JUDGMENT ENFORCEMENT (COLLECTING THE MONEY)

PARALEGAL SERVICES/JUDGMENT ENFORCEMENT

You have obtained judgment, now what?  It is one thing to obtain a judgment, and another to enforce it, or in plain English, to collect on it.  Once a judgment is obtained, further steps have to be taken to convert the judgment into a form acceptable for collection.

AzPerLegal is skillful in collecting on judgments and is also licensed as a debt collection agency.  Our principal, Christine Herrington, brings a wealth of knowledge from several years as a collections paralegal with a large Calgary law firm which she uses to most effectively assist you in collecting on your judgment. She also educates small businesses on obtaining pertinent information on clients in order to, in the future, if required, be successful in collecting on debts and/or judgments.

We will assist you by converting the judgment into a Writ of Enforcement and taking measures to register the Writ of Enforcement with Personal Property Registry, the Land Titles Office (where applicable) and Equifax.  Registering the judgment with Equifax makes it evident to other possible creditors of the party you have sued (now referred to as a judgment debtor) that they are not a good risk and have been successfully sued before.  We will also, where possible, garnishee bank accounts, wages, investment accounts, and where applicable, seize assets.

FEE SCHEDULE

Writ of Enforcement procedures – preparation, filing and registration – $350.00 plus disbursements
Writ of Enforcement procedures (as above) with Land Titles registration – $375.00 plus disbursements
Writ of Enforcement procedures (as above) with garnishee – $500.00 plus disbursements
Garnishee summons alone – $150.00 plus disbursements (includes monitoring same)
• For each additional garnishee – $125.00 plus disbursements
Renewal of Writ of Enforcement with Personal Property Registry – $225.00 plus disbursements
Civil Enforcement procedures, including asset seizure – to be discussed