by dreemr13 » Mon May 17, 2010 02:25:06 PM
After talking to a lawyer and a couple debt consolidation people, etc, etc, here is what I found out for Alberta.
1) In Alberta the repo laws are seize or sue, they cannot do both.
2) A bailiff doesn't get paid until recovery, either vehicle or payments.
3) If a bailiff shows up at your door to repo your vehicle, they can only do so without breaching the peace, so if you refuse to surrender the vehicle or argue with them, they cannot take the vehicle.
4). If a bailiff shows up to repo your vehicle and you hand it over voluntarily, the creditor still has the option to sue. This is if the vehicle does not cover the loan on the vehicle.
5) If you refuse to give the vehicle over voluntarily, the bailiff will seek a judgment to seize the vehicle.
6) If the bailfiff has the court documents to proove they can forcibly take the vehicle, then the creditor has excercised the seize or sue legislation by choosing to repo the vehicle and they CANNOT sue or pursue you for the outstanding balance.
7). The bailiff (civil enforcement people) WILL LIE TO YOU. They are the property version of a collection agency. Stick to the above and you will be fine and within your rights.
8). Keep records of every cent you send.