Civil Enforcement Regulation

This document is about the Civil Enforcement Regulation. It includes information about the clerk's stamp, court file number, creditor, debtor, garnishee, and more. Read it on Desklib.

Form 11
Civil Enforcement Regulation
Clerk’s Stamp
QB Court File Number LC/20xx158 Filed & Issued
Court Court of Queen’s Bench of Alberta
Judicial Centre CALGARY
CREDITOR Bank of Edmonton
Address and Postal Code of Creditor >>>>>>
Creditor’s Telephone/Fax Numbers >>>>>>>
DEBTOR ADAM DEVINE
Address and Postal Code of Debtor >>>>
Debtor’s Telephone/Fax Numbers >>>>
GARNISHEE TCB Memphis Grille Ltd
Address and Postal Code of Garnishee>>>>>>
Garnishee’s Telephone/Fax Numbers >>>>>>>>>>>
FILED BY Gina DeVeaux
Address and Postal Code of Filing Party
Filing Party’s Telephone/Fax Numbers
Filing Party’s File Number
Document
>>>> >>>
>>>> >>>>
XX/XX
Garnishee Summons
before judgment *after judgment
This Garnishee Summons is issued on 6TH March 2019 for $ 263,039.00 .
(The Creditor may adjust the amount by serving a Notice on the Garnishee).
The creditor intends to garnish the debtor’s
employment earnings
*deposit accounts
money owing from other sources
The judgment is for alimony or maintenance.
When employment earnings are garnished for alimony or maintenance, Maintenance Enforcement Act
employment exemptions apply. Refer to the Maintenance Enforcement Regulation (AR2/86) for more information.
This summons expires 1. in the case of a deposit account, 60 days from the date it was issued, unless it is a joint
account, in which case this is a one-time obligation, and
2. in all other cases, 2 years from the date it was issued, unless it has been renewed.

Supporting Affidavit
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QB Court File Number: LC/20xx158
1. I am the Creditor or agent/lawyer for the Creditor.
2. According to the Judgment or Attachment Order, a Writ of Enforcement or Attachment Order has/has
not been registered at the Personal Property Registry.
3. I believe that the proposed Garnishee owes the Debtor money now or will owe the Debtor money in
the future.
4. The proposed Garnishee is in Alberta, or does business in Alberta notwithstanding that its payroll office
is outside Alberta.
SWORN / AFFIRMED
in , Alberta.
On 6TH March , 2019
Name 2
Commissioner for Oaths / Notary Public
in and for the Province of Alberta
Name 1
Commissioner’s Name and
Commission’s Expiry Date (please print)
Signature of Creditor or Agent/Lawyer
Occupation
To the Clerk
The Creditor has a Judgment/Attachment Order against the Debtor, and a Writ of Enforcement/Attachment Order has
been registered at Personal Property Registry as:
(11-digit PPR Registration Number)
The amount specified in the Writ of Enforcement /
$ 118 000Attachment Order is
of which the present balance owing is $ 118 000
plus related writs (according to the attached search results) $ 144 000
plus probable costs $ 1 039
Total $ 262 039

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Certificate of Service on the Debtor / Joint Obligee
Garnishee: TCB MEMPHIS GRILLLTD
I, DUNN BRIGHTON ,
am the Garnishee/Agent for the Garnishee
*Creditor/Agent for the Creditor
I certify that on 29TH March , I served TCB MEMPHIS GILLE LTD AND ADAM DEVINE
Who were
served) :
personally
*by ordinary mail
with a true copy of the Garnishee Summons according to the Civil Enforcement Act.
NOTE: Only the Garnishee may serve a Garnishee Summons on a Debtor/Joint Obligee by ordinary mail unless
otherwise ordered by the Court.
Dated:7th March , 2019 .
Signature of Person who served the summons
(If there is more than one Debtor/Joint Obligee, please complete an additional Certificate of Service for each Debtor/Joint
Obligee who was served.)

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Instructions for Garnishee
These instructions will help you to comply with the Garnishee Summons. They are taken from the following pieces of
legislation:
Civil Enforcement Act, RSA 2000 cC-15
Civil Enforcement Regulation (AR 276/95)
Make cheques payable to the Government of Alberta and send, along with the required documents, to:
Future payments to the court clerk under this Garnishee Summons should be accompanied by a copy of the first page of
this Garnishee Summons and an accounting.
Garnishee Within 15 days of being served with the garnishee summons in triplicate with a $25 compensation
summons fee, you must do the following:
(which does 1. Serve a copy of the garnishee summons on the debtor (personally or by ordinary mail).
not attach
employment 2. Deliver to the court clerk a garnishee’s response. See below for what this must contain.
earnings)
3. Pay to the court clerk the lesser of
(a) the amount indicated on the first page of the garnishee summons, or
(b) the amount payable by you to the debtor according to your obligation to the
debtor,
minus $10 as a garnishee compensation. Where the garnishee summons seeks to
affect a joint entitlement, you must pay to the court clerk, unless a court orders
otherwise, an amount equal to the total amount of the fund divided equally amongst
all the people with the joint entitlement. A garnishee summons that seeks to attach a
joint deposit account only attaches a current obligation as defined in the Civil
Enforcement Act.

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Garnishee The garnishee’s response must contain as much of the following as is applicable:
summons
1. (a) a Certificate of Service on the Debtor (found within this document) stating that
(which does you have delivered a copy of the garnishee summons to the debtor, or
not attach
employment (b) a statement setting out why you could not serve the garnishee summons on the
earnings) debtor.
continued
NOTE: Send the original certificate of service to the court clerk.
2. The amount that you owe under your obligation to the debtor.
3. The amount that you are paying to the court clerk.
4. If you don’t think that you have an obligation to pay the debtor that can be affected by
the garnishee summons, please explain why.
5. If you believe that the obligation that the garnishee summons is trying to affect is (or may
be) owed to someone other than the debtor, give the reasons for your belief and the
name and address of that other person.
6. If you have already received another garnishee summons regarding the same obligation
and that garnishee summons is still in effect, let the court clerk’s office know in writing
and give the court file number of the other garnishee summons. The court file number is
on the front page of the garnishee summons.
7. Where the garnishee summons seeks to affect a joint entitlement, the garnishee’s
response must contain the name of each person who has the joint obligation with the
debtor and either
(a) the address of each person who has the joint obligation with the debtor, or
(b) a completed certificate of service (found within this document) stating that you
have served a copy of this garnishee summons on each person who has the
joint obligation with the debtor.
NOTE: If it is a joint account, it is a one-time obligation.
8. Where the garnishee summons has attached a future obligation, that is, there is an
amount that you must pay the debtor in the future, the garnishee’s response must
contain the following, if known:
(a) the date or dates on which the future obligation, or any part of it, is expected
to become payable;
(b) the amount expected to be payable on each date set out above;
(c) any conditions that must be met before the future obligation will become payable.
When the future obligation becomes payable, the garnishee’s response must set out
(a) the amount that is now payable, and
(b) the amount that you are paying to the court clerk.

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Garnishee Within 15 days of being served with the garnishee summons in triplicate with a $25 compensation
summons fee, you must do the following:
(which attaches 1. Serve a copy of the garnishee summons on the debtor (personally or by ordinary mail).
employment
earnings) 2. Deliver to the court clerk a garnishee’s response. See below for what this must contain.
3. Within 5 days after the end of the debtor’s last pay period for months affected by the
garnishee summons, pay to the court clerk the debtor’s net pay less
(a) the debtor’s employment earnings exemption (see employment earnings
exemptions listed below), and
(b) $10 as a garnishee compensation.
Net pay means the debtor’s total earnings minus any amounts you are required to deduct
for income tax, Canada Pension Plan contributions and employment insurance
premiums. Any other deductions are taken from the debtor’s exemption.
The garnishee’s response must contain as much of the following as applicable:
1. Whether or not you employ the debtor.
2. How often you pay the debtor.
3. Either
(a) a certificate of service on the debtor (found within this document) stating that you
have delivered a copy of the garnishee summons to the debtor, or
(b) a statement setting out why you could not serve the garnishee summons on
the debtor.
NOTE: Send the original certificate of service to the court clerk.
4. If you have already received another garnishee summons against the debtor’s
employment earnings and that garnishee summons is still in effect, let the court
clerk’s office know in writing and give the court file number of the other garnishee
summons. The court file number is on the front page of the garnishee summons.
At the end of the debtor’s last pay period for each month during which the garnishee summons
is in effect, you must deliver to the court clerk a written statement setting out:
1. The debtor’s total employment earnings for the pay periods that ended during the month.
2. The amounts deducted from the total earnings to calculate the debtor’s net pay for
the month.
3. The number of the debtor’s dependants.

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Employment Calculate the debtor’s monthly employment earnings exemptions by adding together
earning
exemptions (a) the debtor’s minimum exemption, and
(b) half the amount by which the debtor’s net pay exceeds this minimum exemption.
For a debtor with no dependants, the minimum employment earnings exemption is $800 and the
maximum is $2400. The minimum and maximum employment earnings exemptions increase by
$200 for each dependant.
A dependant is:
1. A person identified as a dependant by Court order.
2. The spouse or adult interdependent partner of the debtor.
3. Any child of the debtor under 18 years of age who lives with the debtor.
4. Any relative of the debtor (or of the debtor’s spouse/adult interdependent partner) who
lives with the debtor and, because of mental or physical infirmity, depends financially on
the debtor.
You are entitled to rely on, and act in accordance with, the debtor’s written statement of
the number of dependants he or she has.
A worksheet has been created to help you calculate the debtor's employment earnings
exemption. This worksheet can be found on the Alberta Courts website at:
http://www.albertacourts.ab.ca/qb/publication/GarnisheeWorksheet-Form7.pdf
When employment earnings are garnished for alimony or maintenance, employment
exemptions under the Maintenance Enforcement Act apply. Refer to the Maintenance
Enforcement Regulation (AR 2/86) for more information.
If you pay the debtor’s salary/wage more often than monthly, you can pay the court clerk at the
end of each pay period instead of at the end of each month. In this case, calculate the
minimum and maximum employment exemptions for each pay period as follows:
1. Multiply the monthly exemption by the number of days in the pay period.
2. Divide this number by 30.