A vehicle repair facility or garage keeper is entitled to keep your vehicle until you pay for its authorized repairs and service. Don't wait until it's too late. Phone: 403-234-9266 The purpose is to make you aware of your legal rights and responsibilities. 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. If there are other liens or encumbrances against your vehicle, any money left will pay those debts. 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. As Licensed Insolvency Trustee (also known as bankruptcy trustees) regulated by Industry Canada, we provide free initial consultations to explain all your debt relief options, including credit counselling, debt settlement, debt consolidation, consumer proposal and personal bankruptcy. The answer might surprise you. It's not something to take lightly. Now, thanks to Article 36, it's also possible for the government to seize your vehicle. Serve the demand letter by leaving it with the garage keeper or sending it by registered mail. As soon as the lien is registered at the Personal Property Registry, the garage can start proceedings to collect the debt. I don’t think a reputable lender would do such a thing, but unfortunately, there are some less than reputable businesses out there. A DUI lawyer can explain your options and help you decide what the best course of action is. 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. You're found guilty of Reckless Homicide. The only way you can help yourself is by hiring a DUI attorney who can help you keep your car. 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. A lien will have two effects: the garage keeper can physically keep your vehicle in their garage, and or the garage keeper can register their lien against your vehicle which will prevent you from selling your vehicle. 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. As with foreclosure of homes, consumers soon discovered that the garage had statutory … Even if you were found driving over the limit, you may still be able to avoid a DUI conviction. The first $6,600 has to be paid to you. Especially if you are guilty or suspected of any of the following offenses: You already have at least two prior DUIs and are convicted of a third offense. So will they? By appointment only. Self-confessed thief Margaret Patricia Maynard has had her vehicle and household possessions seized by a civil court order as one of her complainants tried to … If a claim is not made in 5 days from the date of service, then the item is no longer exempt. clg@clg.ab.ca, © 2020 Calgary Legal Guidance | Privacy Policy | Credits | Login | Training Area, Pls RT! A Reckless Homicide where you were found to be under the influence of drugs and/or alcohol. Whatever money is left over from the payment of all liens is returned to you. You were driving under the influence of drugs and/or alcohol and were involved in an accident that resulted in the death, disability, disfigurement or great bodily harm of another. In circumstances where there was no just cause for releasing the vehicle, the next step is a hearing on the forfeiture action. To avoid these complications, make your payment of the debt contingent on receiving a registered discharge of the lien. Once the Notice of Objection is filed and served properly, your vehicle cannot be sold or disposed of without a Court Order. The reasons must be clear and valid (for instance, the vehicle is leased), otherwise the Notice will be disregarded. Upon receiving a notice of a seizure, the State's Attorney must file a complaint of forfeiture in the circuit court of venue. The Notice may also be posted on your door. If something you own is seized and you didn’t pledge it as security for the loan, then make sure you take the time to submit a claim for the exemption if you want the thing back, or the money from the sale. Also, the Notice of Objection must be served on the civil enforcement agency within 15 days after service of the Notice of Seizure. The seizure and sale must be done by a registered civil enforcement agency. If you find yourself being sued and you feel you don’t owe the debt or want to dispute the suit, you may want to speak with a lawyer. That's if it's considered a Class A misdemeanor rather than a felony. You can prevent the sale of your vehicle by paying the civil enforcement agency the amount of the debt before they sell your vehicle. Contact us today for your free consultation. The lien can be renewed by Court Order for a further 6 months. 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. The lien holder or owner, whether or not it was the person arrested, is S.O.L. Dial-A-Law is a Calgary Legal Guidance public service project funded in part by The Alberta Law Foundation. If you require legal advice, you should contact a lawyer through our lawyer referral service line. Anything from hefty fines to incarceration to a seized vehicle can happen to the offender.

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