In circumstances where there was no just cause for releasing the vehicle, the next step is a hearing on the forfeiture action. Required fields are marked *, 1-866-747-0660 Just to be nasty or perhaps to threaten you into paying more than the $200 to save your vehicle. Ontario has something called the Execution Act and included in this law is a clause declaring that a motor vehicle worth up to $6,600 (as of December 1, 2015) is exempt from seizure. However, it's also possible to have your vehicle seized if you're found driving a vehicle that's not covered by a valid liability insurance policy and you're found guilty of a DUI. They handled my case quickly, professionally, and with a favorable outcome. Even if you were found driving over the limit, you may still be able to avoid a DUI conviction. It's also important to note that even in cases where offenders are not convicted of the underlying offense, they can still be forced to forfeit their automobile. Once you have cleared the liens registered against your vehicle, do another search at the Personal Property Registry office to see if the liens are properly discharged. Contact A Trustee. If you file bankruptcy or a consumer proposal you receive protection from creditor actions which means your car is safe from seizure for unsecured debts. After its seized it belongs to the state. In these cases, the proceeds from the sale first cover the costs of the sale, and then go to you, up to the exemption limit for the item. The Notice of Seizure may be served at the place where the vehicle is located with an adult member, or by leaving the notice posted in a conspicuous place. Disclaimer: The topics in the Dial-A-Law series provide only general information on legal issues within the province of Alberta. Once your vehicle has been delivered to the sheriff, he or she must notify everyone listed on the title of the automobile within 15 days via certified mail to the address on file with the Secretary of State. If the liens are not discharged, give a written demand to the garage keeper to discharge the registration. If you agree the debt is real and you simply can’t pay, you may want to. If they registered a lien on the car, then they have a right to seize the car if you default on your payments. This is not legal advice. This means that a creditor with a judgment against you that has obtained a Writ of Seizure or Writ of Execution could seize your car, hoping that you won’t claim the exemption in time, which would allow them to sell it. This answer is for informational purposes only. Fax: 403-234-9299 But what happens if you don’t file for bankruptcy protection? We'd like to help you prevent that from happening. To have your car seized, one of the following must be true. Illinois takes DUIs very seriously. The costs to sell are 15% or $1,200, so there is $6,800 left over. Even if a lien is placed on the property, the government must also publish notice that it intends to seize … If they receive such an order, they can then ask a sheriff or bailiff to seize your vehicle (or any other asset under the order). Also, a family can only claim a hardship relief once. Now, thanks to Article 36, it's also possible for the government to seize your vehicle. It is still up to you to make the payments unless you can work it out with whoever the loan is with. The lien holder or owner, whether or not it was the person arrested, is S.O.L. The garage can have your vehicle seized and sold to pay for the debt. Upon receiving a notice of a seizure, the State's Attorney must file a complaint of forfeiture in the circuit court of venue. What does all of this mean to you? clg@clg.ab.ca, © 2020 Calgary Legal Guidance | Privacy Policy | Credits | Login | Training Area, Pls RT! 1-866-747-0660 The new law says that if a sheriff or bailiff picks up an item that “may” be exempt under the law, they are required to serve notice on the owner (or the owner’s last known address) that the owner has the right to claim the exemption. If you did not authorize the repairs you are being charged for, you may be the victim of Unfair Trading, and you should contact the Consumer Contact Centre at 1-877-427-4088. The registration lasts for 6 months from the date it was filed. The registration lasts for 6 months from the date it was filed. Fri: 9:00am to 4:00pm. Our evening legal clinic runs 6:30-9pm Monday to Thursday. The loan company will get $200. An interesting side effect of these new rules is that you have the right to say to someone that has seized an item (like your car) that you want to claim the exemption, but will consent to the sale of the item. Fri: 8am-5pm. If you have a court appearance in Alberta, most court rooms have an option where you can join by phone or v…, Sahwoo mohkaak tsi ma taas (Blackfoot for “Before Being Judged”), Immigrant Services Calgary (ISC)- Cancelled. You allow them to take your car and sell it, but you claim your exemption limit of $6,600. Filing for bankruptcy protection or filing a consumer proposal will stop a lawsuit, or if your creditor already has a Writ of Seizure, bankruptcy or a proposal can stop that too.

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