Process to Initiate Distress

In Alberta, the process of distress is regulated by the Civil Enforcement Act. The landlord must use a civil enforcement agency to carry out the seizure of property. To set the process in motion, the landlord must hire a civil enforcement agency and give it the following documents:

• a distress warrant—a form that the agency will have and which can be filled out by the landlord ,
• a letter of instruction ,
• four copies of a ‘Notice of Seizure’,
• two copies of a ‘Notice of Objection’ with your name filled in ,
• the fee set by the civil enforcement agency ,
• a copy of the written tenancy agreement, and
• a statement saying how much money you owe to the landlord.

When the civil enforcement agency has the documents, the agency can seize your property, as long as the property is not exempt under the Civil Enforcement Act. The agency must also give you (or any adult at the premises) a ‘Notice of Seizure’ and a ‘Notice of Objection’. A notice may also be left at the premises where the property being seized is located. Seizure can only take place between 6 a.m. and 10 p.m.

May 2005