Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Civil Enforcement Act

Part 5 — Seizure of Personal Property

48.2 Personal property already under seizure

Current to 2024-06-01 · Official PDF

(1) A person who has a right of distress against personal
property that is already under seizure pursuant to other civil
enforcement proceedings
(a) may distrain against the se ized property notwithstanding
that it is already under seizure;
(b) after having distrained against the seized property under
clause (a), may, with the prior written consent of the person
with control of the civil enforcement proceedings, assume
control of the civil enforcement proceedings relating to the
seized property.
(2) An enforcement creditor who wishes to seize personal property
that is already under seizure pursuant to a right of distress
(a) may seize the property not withstanding that it is already
under seizure;
(b) after having seized the pro perty under clause (a), may, with
the prior written consent of the person with control of the
civil enforcement proceedings, assume control of the civil
enforcement proceedings related to the seized property.
(3) Any action taken under subsection (1) or (2) does not affect
priority to the seized property or its proceeds.
(4) A person who has assumed control of civil enforcement
proceedings pursuant to subsection (1) or (2) is responsible for the
personal property and any storage costs incurred in respect of that
property.
2006 c4 s1;2011 c20 s3