Personal Property - Searches & Registrations

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Lien Registrations General Information

What is a Personal Property Lien Registration?

An Personal Property Lien Registration is a process that establishes a security interest in personal property (such as vehicles, equipment, and inventory) and protects the interest of the secured party.

The registration is typically filed by a creditor (secured party) to establish their security interest in the personal property owned by a debtor. This security interest gives the secured party the right to take possession of and sell the personal property if the debtor defaults on their debt or obligation.

The registration is recorded in the Alberta Personal Property Registry and includes information about the debtor, the secured party, and the personal property being secured. This information typically includes the names and addresses of both parties, a description of the personal property being secured.

Personal property registrations are commonly used to secure loans, leases, and other forms of credit, and they provide an important means of protecting the rights of secured parties and ensuring that debts are repaid.

Do you need to register a lien against a piece of property? In addition to the Personal Property lien process, Builders Lien registrations are generally available to contractors, subcontractors, suppliers, and others who provide goods or services to a construction project.
How Do You File a Lien Registration?
Security Agreement Registrations Form

Once you have determined that you have the legal right to register a lien, you will need to do the following:

  • Prepare the Lien Documents: You will need to prepare a lien registration form, which is also known as a Security Agreement.
  • Submit the Lien Registration: You can register your lien in person at our office or by email. There is a fee for filing a lien, which will vary depending on the length of time the lien will be registered.
  • You must ensure there are sufficient grounds for registration and that the registration is made in good faith. A failure to comply with this obligation could lead to a claim by any person suffering damages as a result of the registration.

It's important to note that filing a lien registration in Alberta can be a complex process, and it's essential to ensure that all documents and timelines are accurate and in compliance with the law. It may be helpful to consult with a lawyer or other legal professional who has experience with Alberta lien registrations to ensure that your rights are protected.

What is a Financing Change Statement?
Financing Change Statement Form

Once you have your lien registered, you may have a need to make changes to the registration over time. A Personal Property Financing Change Statement is the document required to register your changes.

Changes could include the name or address of the debtor or the secured party, changes to the collateral or security interest, or any other amendments necessary to keep the registration current and accurate.

By filing a Financing Change Statement, the secured party can ensure that their security interest in the personal property remains valid and enforceable. Failure to file a Financing Change Statement can result in the loss of priority over other creditors or the loss of the security interest altogether.

Discharging a Personal Property Registration
Registration Discharge Form

When a loan is paid off, the registration for the associated Personal Property Security Agreement should be discharged by the secured party and removed from the Registry. This is important to ensure that the debtor's personal property is no longer encumbered by the security interest.

To discharge a Personal Property Security Agreement registration, the secured party or their authorized representative will submit a Financing Change Statement to our office. The Discharge Statement will include the registration number, the debtor's and secured parties names and will indicate that a total discharge is required.

What is a Garage Keepers' Lien?
Garage Keepers’ Lien Registration Form

A Garage Keeper's lien is a legal claim that a garage owner or operator can place on a customer's vehicle for unpaid services, repairs, or storage fees.

To enforce a Garage Keeper's Lien in Alberta, the garage keeper must follow certain procedures, which typically include:

  • Providing the customer with written notice of the outstanding debt and the intention to enforce the lien.
  • Filing a lien notice in the Alberta Personal Property Registry if the debt remains unpaid (must be filed within 21 days if released).

It's important to note that filing a lien registration in Alberta can be a complex process, and it's essential to ensure that all documents and timelines are accurate and in compliance with the law. It may be helpful to consult with a lawyer or other legal professional who has experience with Alberta lien registrations to ensure that your rights are protected.

Definitions
  • Debtor

    A debtor is a person or entity who owes a debt or other obligation to another person or entity, known as the secured party, and who has provided personal property as collateral for that debt. In the context of a personal property lien, the debtor is the person whose property is subject to the lien.

    A debtor may be an individual, a business, or another type of legal entity, and they may have entered into a security agreement with a secured party in order to obtain financing, goods, or services. The security agreement establishes the terms of the debt and the collateral that is being provided to secure the debt.

    If the debtor fails to make payments or otherwise breaches the terms of the security agreement, the secured party may have the right to seize and sell the collateral in order to satisfy the debt owed by the debtor. The debtor may also have certain rights and remedies under the law, such as the right to dispute the validity of the lien or the right to redeem the property by paying the debt owed to the secured party.

  • Secured Party

    A secured party is a person or entity that holds a security interest in personal property as collateral for a debt or other obligation owed by another person or entity, known as the debtor. The security interest is created through a legal instrument known as a security agreement or by operation of law.

    A secured party has the right to enforce the security interest by taking possession of the collateral or by selling it to satisfy the debt owed by the debtor. In the context of a personal property lien, the secured party is the party who has a lien on the personal property of the debtor as security for the payment of a debt or other obligation. The lien gives the secured party the right to seize and sell the property to satisfy the debt if the debtor defaults on their payment obligations.

Civil Enforcement

What is a Writ of Enforcement?
Writ of Enforcement Form

A Writ of Enforcement is a legal document that enables a creditor to enforce a judgment against a debtor.

Once a judgment has been obtained, the creditor may file a Writ of Enforcement in the Alberta Court of King's Bench. The Writ of Enforcement authorizes the creditor to take legal action to collect the debt owed by the debtor.

The specific actions that a creditor can take under a Writ of Enforcement can vary depending on the type of judgment and the circumstances of the case. Some common enforcement actions that a creditor may take under a Writ of Enforcement include:

  • Seizing assets: The creditor may be authorized to seize and sell the debtor's assets to satisfy the debt owed.
  • Garnishing wages: The creditor may be authorized to garnish the debtor's wages to satisfy the debt owed.
  • Land Titles: The creditor may be authorized to place a writ on the debtor's property to secure payment of the debt owed.

What is a Status Report?
Writ of Enforcement Status Report Form

A Writ of Enforcement Status Report is a document that updates information about the current status of a Writ of Enforcement that has been filed.

It's important to note that the rules and requirements for obtaining and enforcing a Writ of Enforcement in Alberta can be complex, and it's recommended that you seek legal advice to ensure that you comply with all applicable laws and regulations.

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