Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Civil Enforcement Act

Part 1 — General

7 Discontinuance of proceedings

Current to 2024-06-01 · Official PDF

(1) Before any seizure pursuant to writ proceedings is released or
any garnishment is discontinued, a notice of the release or of the
discontinuance must, at least 30 days before the date on which the
seizure is to be released or the garnishment is to be discontinued,
be served
(a) on all the enforcement cred itors having related writs at the
time that the notice was given, and
(b) in the case of a seizure, o n any person who has given notice
to the agency under section 48.1.
(2) A notice given under subsection (1) does not need to be served
on the instructing creditor except where the notice is being given
other than on the instructions of the instructing creditor.
(3) If within 30 days from the day of being served with a notice
under subsection (1), an enforcement creditor in writing instructs
the agency or, in the case of garnishment, the clerk to continue the
proceedings,
(a) the proceedings shall continue, and
(b) where more than one enforcement creditor instructs that the
proceedings be continued, the enforcement creditor whose

RSA 2000

instructions were first received by the agency or, in the case
of garnishment, by the clerk is from then on deemed to be
the instructing creditor.
RSA 2000 cC-15 s7;2002 c17 s1(3);2005 c28 s3;
2006 c4 s1