Once PUR-SUE ACTION has established whether the matter is winnable – we then provide the Client with a summary of the claim and advise of our “one time flat-fee” to proceed through the Courts on the Clients’ behalf.
As part of the process of drafting the Statement of Claim accurately – PUR-SUE ACTION performs a critical step in the process which is registry searches on the Defendant(s). Having an error in naming the Defendant correctly in the initial filing process can result in added expenses down the road for amendments and could potentially jeopardize a successful collection on the Judgment.
We take copies of all the information and evidence the Client provides then proceed to professionally prepare the Statement of Claim.
Filing Your Claim
We then file the Statement of Claim at Provincial Court and pay the all fees that are required by the Court.
We then must serve the Defendant either through Registered Mail, in person via Process Server or by seeking a “Court Order for Substitutional Service” in the situation where a Defendant is refusing service or is attempting to hide or avoid being served.
One of the most important elements is knowing the whereabouts of the Defendant so the Statement of Claim can be served upon the Defendant – quickly.
NOTE: The Courts allow up to one (1) year to serve the Statement of Claim upon the Defendant.
Once the Statement of Claim has been served upon the Defendant – the Defendant has twenty (20) to twenty-seven (27) days to file a Dispute Note with the Courts.
If no Dispute Note is filed by the Defendant – PUR-SUE ACTION applies for a “Default Judgement” which can then be enforced via “Writ of Enforcement” to satisfy the original claim. Costs will be awarded along with interest which follows the guidelines of the “Judgment Interest Act” or “Contractual Interest”.
To proceed with the Judgment enforcement stage it will include filing of the “Affidavit of Service” and/or it may involve preparation of an “Affidavit in Support for a Default Judgment” along with a possible “Assessment Hearing”.
If the Defendant files a Dispute Note, in the required time, with or without a “counterclaim”, the Claim(s) will then be evaluated by the Provincial Court Clerk(s) and provide PUR-SUE ACTION with a scheduled date for Mediation between the 2 parties – usually within two months.
Mediation is a process where Court Appointed Mediators will meet with both parties in Provincial Court – to try to resolve the action before it goes in front of a Provincial Court Judge. Many claims are settled at this stage and are usually paid promptly as the resolution of the Claim has been agreed upon by both parties.
If the matter is not resolved at Mediation then a Pre-Trial Conference will be scheduled. Pre-Trials can be scheduled anywhere from 3-6 months after the Mediation.
Pre-Trial Conferences are held in front of a Provincial Court Judge with both parties in attendance.
A number of claims that make it to this stage will also be settled. If the matter has not been settled, a Trial date will be set immediately – which can be 6-8 months after Pre-Trial Conference.
The Pre-Trial Judge has the intent to also ensure that both parties understand what is required to have prepared and ready for the upcoming Trial.
PUR-SUE ACTION prepares the Client and their Witnesses for the upcoming Courtroom Trial. Together we will create a list of required witnesses and prepare the Client and Witnesses to testify in front of a Provincial Court Judge. We will review the oppositions documentation to ensure that there are no unforeseen surprises at Trial.
PUR-SUE ACTION handles all courtroom presentations and questioning. We conduct the cross-examination of the Defendant and Defendant’s witnesses. We will provide an Oral Summation and, if required, a Written Summation for the Judge at the conclusion of the Trial.
At the conclusion of the Trial, the Judge will provide a ruling or final Judgment on the Civil Claim and the possible Counterclaim, that can then be enforced. The winning side will also be awarded some costs based on the Trial duration.
Once the Trial Judge has delivered the Judgment – PUR-SUE ACTION can assist in getting the “Judgment Enforced” so you actually receive the money you are owed. Potential steps are to “Register the Judgment” against property owned by the Debtor in the Province of Alberta which remains a permanent registration until Judgment is “paid out”. Additional options to collect on the Judgment would be to either Garnishee bank accounts, wages and receivables or hire a Bailiff to seize other assets for sale.
PUR-SUE ACTION will file the Judgment at Queen’s Bench and by doing so the Courts will also provide an update to any Credit Reporting Agencies, which will result in the Judgment appearing on the Debtor’s credit report
A Provincial Court Judgment is enforceable for up to 10 years and can be renewed for a further 10 years.
Discussions will take place to understand options available to our Client regarding “Judgment Enforcement” such as known assets owned by the Defendant and any known bank accounts.
PUR-SUE ACTION – Representing Defendant(s)
PUR-SUE ACTION also represent clients that have been named as a Defendant in a Civil Claim action. PUR-SUE ACTION will act in a similar fashion as to acting on the behalf of the Plaintiff. Fee structure is potential the same.