Hometime

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SS Houses with a Secondary Suite

SS · Civil Enforcement Act

Part 4 — Judgments and Writs Division 1 Registration

27.1 New judgment

Current to 2024-06-01 · Official PDF

(1) In this section,
(a) "existing judgment" means a judgment that is in force;
(b) "existing registration" means, in respect of an existing writ,
(i) a registration of the wr it in the Personal Property
Registry if that registration is still in force;

RSA 2000

(ii) a registration of the writ under the Land Titles Act if that
registration is still in force;
(iii) in the case of land that is not under the Land Titles Act, a
registration, filing or recording of the writ in accordance
with the regulations if that registration, filing or
recording is still in force;
(c) "existing writ" means a writ issued in respect of an existing
judgment;
(d) "new judgment" means a ju dgment that replaces an existing
judgment and that has been obtained by suing on the
existing judgment or pursuant to proceedings provided for
under the Alberta Rules of Court;
(e) "new writ" means a writ that is issued in respect of a new
judgment.
(2) Where a judgment creditor has obtained a new judgment and
has been issued a new writ in respect of that judgment, the
judgment creditor may,
(a) if there is not an existing registration in the Personal
Property Registry in respect of the matter for which the new
writ was issued, register the new writ in the Personal
Property Registry;
(b) if there is an existing regi stration in the Personal Property
Registry in respect of the matter for which the new writ was
issued, submit to the Personal Property Registry a status
report to amend the registration in the Personal Property
Registry to reflect the particulars of the new writ;
(c) in the case of land that is under the Land Titles Act, register
the new writ under the Land Titles Act;
(d) in the case of land that is not under the Land Titles Act,
register, file or otherwise record the new writ in accordance
with the regulations.
(3) If an existing registration in the Personal Property Registry is
amended to reflect the particulars of a new writ, that new writ has,
in respect of the Personal Property Registry, the same priority as
the existing writ had.
(4) If, in respect of an existing registration under the Land Titles
Act
, a new writ is registered under the Land Titles Act, that new
writ has, in respect of the Land Titles Act, the same priority as the
existing writ had.

RSA 2000

(5) If, in respect of an existing registration in the case of land that
is not under the Land Titles Act, a new writ is registered, filed or
otherwise recorded in accordance with the regulations, that new
writ has, in respect of that matter, the same priority as the existing
writ had.
2002 c17 s1(7)