Garage Keepers Lien Seizure

Similar documents
Personal Property Security Act (PPSA) Seizure

Divided Record Authority Permit Application

2018/19 PROFESSIONAL CORPORATION REGISTRATION APPLICATION

APPLICATION FOR REPRESENTATIVE, ASSOCIATE OR MANAGING BROKER LICENCE

ACCOUNTS PACKAGE. Hey, new clients!

Dealer Registration. Credit Information

Enforcing a Small Claims Court Order:

Consumer means a consumer as that term is defined in Section 3 of the Australian Consumer Law;

If you do not wish to renew your licence online, you may complete and return this renewal application form to the Council s office.

MOTOR VEHICLE ACCIDENT CLAIMS REGULATION

30 DAY CREDIT ACCOUNT APPLICATION PLEASE COMPLETE ALL INFORMATION Customer details:

A Guide to the Repair and Storage Liens Act

AGOVERNMENT SERVICES. Registrar s Decisions: Notification 01/2004. I. Types of Information per Purpose. Type I: Motor vehicle searches

Miller Thomson Seminar April 15, 2009

Monthly Rental Form - Vehicle Parking

What Creditors Can Do If You Don t Pay

SHELTER ISLAND MARINA INC Graybar Road, Richmond, B.C. V6W 1H3 Marina Tel: Fax: Toll Free:

ACKNOWLEDGEMENT AND AGREEMENT OF GUARANTOR(S) AND LOAN APPLICANT(S). (IF THERE IS NO GUARANTOR, IT APPLIES ONLY TO THE LOAN APPLICANT)

MEMORANDUM OF TERMS AND CONDITIONS

Hire Agreement Terms an agreement applying to all hires. Table of Details

Membership Application For

2012 LICENCE APPLICATION

New Account / Credit Application Form

What Creditors Can Do If You Don t Pay

These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Ultra Flow

Bankrupt Vehicle Sales & Finance Limited

CUSTOMER IDENTIFICATION CUSTOMER NAME: STREET ADDRESS: CITY: STATE: ZIP: TELEPHONE: FAX: TYPE OF BUSINESS:

Farm Credit Application: Part A Account #:

Dick Stone Pty Ltd (ABN )

New Jersey Motor Vehicle Commission

CREDIT APPLICATION. Company" means Simon Pty Ltd (ABN ) trading as Simon Home Timber & Hardware and Simon Home Frame & Truss.

PACIFIC INDUSTRIAL COMPANY GENERAL TERMS AND CONDITIONS

Application for commercial credit account

Application for Registration Clinical Register Pharmacist

Membership Application Form

CREDIT APPLICATION FORM - Page 1 of 9

APPENDIX 3 FAYAIR (STANSTED) LIMITED STANDARD TERMS OF BUSINESS. Aircraft means any aircraft in respect of which the Customer has requested Services;

Name (Last) (First) (Middle) Sex. City Province Postal Code Telephone Number

APPLICATION FOR COMMERCIAL CREDIT 30 DAY TRADING ACCOUNT A.B.N

Credit Account Application Form

New Jersey Motor Vehicle Commission

Consmumer Credit Division

Questions and Answers About Farm Debt

504 Repair Loan Pre Qualification Worksheet

Form 2 Land Registration Reform Act. (1) Registry Land Titles (2) Page 1 of pages (3) Property Block Property Identifier(s) (4) Principal Amount

Odessa Marine Pty Ltd ACN Terms & Conditions of Trade

West City Auto Group Limited Terms & Conditions of Trade Definitions Acceptance Change in Control Price And Payment Delivery Of Works

Credit Application & Insurance requirements

MIRAGE DOORS NSW ABN:

Retail Collateral Mortgage

CITY OF TORONTO ACT APPLICATION BY TREASURER

General Conditions of Sale of Schaeffler Australia Pty. Ltd.

Accelerate your experience using the Expresso planning, ordering and management tool.

Conditions of Sale Scania Australia Pty Ltd General Terms (ACN Scania ) 1. General Customer Goods Manufacturer Purchase Price

BRUKER MARINA STORAGE AGREEMENT

Standard TD Auto Club. Membership Handbook. Ensuring you and your family peace of mind along the way

Consumer Credit - Loan Agreement

Small Claims Court Guide #7

AGENCY LICENCE APPLICATION

Terms and Conditions. Doc ID /v3

Application for Commercial Credit Account

MusicWorks Rental Plans

Payday Lender Annual Licence Renewal Instructions

Kameo Textile Engineering Pty Ltd Terms & Conditions of Trade Definitions

1.2 THE CUSTOMER S ATTENTION IS DRAWN PARTICULARLY TO CLAUSE 5 WHICH EXCLUDES OR LIMITS HA S LIABILITY.

APPLICATION FOR CREDIT ACCOUNT, AND CONDITIONS OF SALE

New Jersey Motor Vehicle Commission

HIRE AGREEMENT. Between Chesterfield Australia Pty Ltd ACN and the party named below as the Hirer. Hirer Details

BUSINESS APPLICATION FOR NEW AND USED (FRANCHISE) ONLY - PAYMENT INFORMATION

METALFLEX TERMS AND CONDITIONS

Deja Vu Credit Application August 2015

Standard Trading Terms & Conditions of High Seas Maritime Agency Ltd.

IMMOVABLE HYPOTHEC PROVINCE OF QUEBEC

Retail Collateral Mortgage

BUSINESS CREDIT AGREEMENT

Credit Account Application Form and Terms and Conditions

APPLICATION FOR CREDIT

COMMERCIAL ACCOUNT APPLICATION

Consumer Credit Division

Commercial Credit Application: Part A Account #:

Australian Independent Hire A.B.N

Wentworth Distributors NZ Ltd Terms & Conditions of Trade Definitions Acceptance Electronic Transactions Act 2002 Change in Control

Board Members Resolution No. G14-03 January 14, 2014 Page 2

AUXION Sign Up Agreement

AUTOMOTIVE BUSINESS REGULATION

USDA Rural Development Pre-Qualification Inquiry Package Please mark what type of assistance you are requesting:

Bridgeland Riverside Farmers Market Application Form

Payday Lender Licence Kit

THE LAW SOCIETY OF UPPER CANADA CHECKLIST FOR APPLICATION FOR SURRENDER OF LICENCE TO PROVIDE LEGAL SERVICES UNDER BY-LAW 4

MISCELLANEOUS INSURANCE PROVISIONS REGULATION

GENERAL SECURITY AGREEMENT Commercial

Home Renovations GET WRITTEN ESTIMATES. A written estimate should include: The project start and completion dates. Itemized costs and the total price

KINGS FINANCE LIMITED

APPLICATION FOR CREDIT

Payday Loans Act. BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows:

TERMS AND CONDITIONS OF SALE

DEALER APPLICATION FROM

APPLICATION FOR COMMERCIAL CREDIT 30 DAY TRADING ACCOUNT Date:

City: Prov/Terr: Postal Code: City: Prov./Terr.: Postal Code:

Input Financing Line, CPS Canada (Inc.) Financial Advantage Line and FarmPlus Line Terms and Conditions. Personal and Financial Information Notice

Transcription:

Garage Keepers Lien Seizure 1 Establishing Your Lien A Garage Keepers Lien is established under any of the following circumstances: Storage, maintenance, or repair of a motor vehicle or farm vehicle. Price of accessories or parts furnished for a motor vehicle or farm vehicle. No lien for the supply of fuel, oil, or grease. 2 Maintaining Your Lien If you release the vehicle or furnish the parts or complete the repairs off-site, you have 21 days to register your lien. To register your lien, you must have a signed work order/invoice or retain possession of the motor vehicle. Your lien continues for 6 months after registration You must seize the vehicle during the 6 months You may extend the duration of your lien by way of court order. 3 Ownership of Vehicle / Value of Vehicle Once the vehicle has been seized (even if the vehicle is in your possession) you DO NOT own this vehicle. Ownership remains with the debtor until all Civil Enforcement proceedings, including the sale of the vehicle have been finalized. After receipt of the sale proceeds at the Civil Enforcement Agency, the Civil Enforcement Agency MUST issue the bill of sale transferring ownership to the purchaser (even if the purchaser is the garage keeper.) The value of the vehicle will be determined by the method used to sell the vehicle (see Section 7). Civil Enforcement proceedings cannot guarantee that you will receive any or all of your lien amount. 4 Seizure Decisions When providing our office with instructions you will need to provide instructions about what should happen to the goods after they have been seized. Providing us with full instructions at the beginning of seizure can help to reduce the risk of incurring unnecessary storage charges. Do you know to where the vehicle is? Does the name on the warrant match the name on the work order? Do you want the bailiff to the leave the vehicle with the Debtor on a Bailee s Undertaking (may consider if there are no good storage options or if the costs of removal are going to be excessive and you anticipate that the Debtor will make settlement arrangements)? Do you have a specific auction that you use or other instructions about sale? 5 Priorities and Other Issues That May Affect the Seizure Outcome We are required by the Sheriff s Office to conduct a Distribution Seizure Search and Serial Number Search prior to seizure. These searches will help to identify potential issues of priority that may affect your decision to seize. They may also make you aware of any court ordered stays or bankruptcy for example. Some common priorities follow: Canada Customs and Revenue Agency Deemed Trust Workers Compensation Board Garage Keepers Lien PMSI Security Agreement may be a concern Municipal Government (i.e. City of Calgary) Toll Free Phone: 888-262-2626 * Toll Free Fax 888-262-8803 Last Modified - 3/31/2015

6 Post Seizure Process Garage Keepers Lien Seizure Page 2 Debtor has right to object to seizure and a private sale to the creditor. The debtor objection must be addressed by court application brought by a law firm. The CIVIL ENFORCEMENT AGENCY MUST BE INVOLVED IN THE SALE! From seizure to sale and distribution of proceeds takes 2 to 3 months minimum Initial seizure costs from $950 to $1,150 (Additional bailiff time, towing, removal, locksmith, etc. will increase cost). All or a portion of these costs will be refunded to you upon distribution of the sale proceeds, dependent on the value received from the sale of the vehicle. 7 Sale Options Sale of the seized vehicle can be completed using either of the following two methods: Public Auction The vehicle can be removed at the time of seizure to an auction of your choice The vehicle will be sold unreserved through the next applicable auction All sale proceeds will be forwarded to the Civil Enforcement Agency for distribution. Private Sale A private sale can be managed by the garage keeper, but final approval of the sale and the bill of sale must be handled by the Civil Enforcement Agency. All sale proceeds must be forwarded to the Civil Enforcement Agency for distribution. There are three options available to you for private sale: Option 1: Appraisal and One Written Offer You must obtain an appraisal to establish the fair market value of the vehicle. The appraisal must be in writing and completed by a certified appraiser. Once you receive the appraisal, you must forward a copy to our office for our file. You can then proceed to accept written offers for the purchase of the seized vehicle. The offers must meet or exceed the appraised value plus GST. Prior to the final sale, all written offers must be signed by the offering party(ies) and forwarded to the civil enforcement agency for review and approval. Upon acceptance of an offer, Consolidated will contact the purchaser to make necessary arrangements for payment of the sale proceeds. Consolidated will provide the bill of sale to the purchaser upon receipt of the full purchase price, including GST and completion of any other sale requirements. Option 2: Three Written Offers No appraisal is required. You can accept a minimum of three independent written offers for the purchase of the seized vehicle. All written offers should include a proposed purchase price, plus GST and be signed by the parties making the offers. The offers must then be forwarded to our office for review and approval, prior to the final sale. Upon acceptance of an offer, Consolidated will contact the purchaser to make the necessary arrangements for payment of the sale proceeds. Consolidated will provide the Bill of Sale to the purchaser upon receipt of the full purchase price, including GST and completion of any other sale requirements. Option 3: Sale to the Creditor You must obtain an appraisal to establish the fair market value of the vehicle. The appraisal must be in writing and completed by a certified appraiser. Once you receive the appraisal, you must forward a copy to our office for our file. At that time you must submit your written offer to our office. Your offer must include the proposed purchase price which must meet or exceed the appraised value plus GST. Consolidated must then provide the debtor with a Sale Notice identifying you as the purchaser and the proposed purchase amount. The debtor can object to the sale. Upon expiry of the objection period, you will be required to forward payment to Consolidated for the amount of the offer. Consolidated will provide you with a bill of sale upon completion of the sale requirements. Toll Free Phone: 888-262-2626 * Toll Free Fax 888-262-8803 Last Modified - 3/31/2015

Garage Keepers Lien Seizure Instructions Edmonton 280 10123 99 Street Edmonton, AB T5J 3H1 Phone: 780 448-5833 Fax: 780 448-0698 Calgary 200 807 Manning Road NE, Calgary, AB T2E 7M8 Phone: 403 262-8800 Fax: 403 262-8801 Email: calgary@ccebailiff.ca or edmonton@ccebailiff.ca Website: www.ccebailiff.ca Debtor Information Debtor Name(s): Address: Phone: Gender: Male / Female Vehicle Make: Vehicle Model: Vehicle Colour: License Plate (if known): Vehicle in possession of (Name & address if different from above: File Information Date: Your Reference: Contact Name: Attachments Warrant Signed copy of the invoice or work order and/or maintain possession of the vehicle Verification Statement PPR Registration Seizure Deposit (minimum - $950 & GST) Seizure Instructions RUSH (Additional fees apply) We hereby confirm that we have the right to seize the property of the Debtor as identified above, pursuant to a Garage Keepers Lien and therefore instruct Consolidated Civil Enforcement Inc. to: Seize and remove the property to secured storage or to the following storage facility: Seize and remove to the Garage Keepers Facility: OR Leave goods on a Bailee s Undertaking, in possession of: IMPORTANT: Sale of vehicle and distribution of sale proceeds must be processed through Consolidated Civil Enforcement Inc. Continued on Page 2 Toll Free Phone: 888-262-2626 * Toll Free Fax 888-262-8803 Last Modified - 6/1/2017

Garage Keepers Lien Seizure Instructions Page 2 Contract and Indemnity Contract for Services The undersigned Instructing Party hereby warrants to Consolidated Civil Enforcement Inc. (Consolidated) that it is the enforcing party, or that it is the lawful agent of the enforcing party or is otherwise legally authorized to give instructions on behalf of the enforcing party to Consolidated and that it has determined that the enforcement activities instructed herein are lawful. Upon instructing Consolidated, the Instructing Party shall be responsible for the costs of such services, including all costs required to lawfully complete, suspend or withdraw civil enforcement activities. The Instructing Party agrees to pay for all services performed and invoiced by Consolidated within 30 days of the invoice date. Such services will be charged at the rate published by Consolidated with the Sheriff for the Province of Alberta. The Instructing Party shall pay interest on overdue amounts at a rate of 18% per annum, calculated annually, not in advance. The Instructing Party further agrees to provide deposits or other advances for civil enforcement services to be performed upon the request of Consolidated. Instructing Party (Individual or Legal Name of Company): Address: Phone: Fax: Email: Signature (Required) Name (please print) Indemnity The undersigned confirms that enforcement instructions given to Consolidated are lawful and factually accurate and hereby indemnifies on a solicitor and his own client basis Consolidated, and its directors, shareholders, employees, and agents in respect of its fees, charges and disbursements and in respect of any suit, liability, or claim for damages that might be incurred by it in respect of any function carried out on the enforcement instructions. However, this indemnity shall not extend to any liability arising from the negligence or willful misconduct of Consolidated. This indemnity shall remain in force with respect to all services requested from time to time. In the event of litigation to which this indemnity applies, the undersigned agrees to fund, during the course of such litigation, the legal defense costs of Consolidated and its directors, shareholders, employees, and agents. The undersigned further agrees to provide additional indemnities, bonds or assurances as required by Consolidated from time to time. (Individual or Legal Name of Company): Address, Phone and Fax (if different from above): Signature (Required) Name (please print) Toll Free Phone: 888-262-2626 * Toll Free Fax 888-262-8803 Last Modified - 3/31/2015

Form 3 Civil Enforcement Regulation W a r r a n t (Garage Keepers Lien Act) Civil Enforcement Agency File Number TO: CONSOLIDATED CIVIL ENFORCEMENT INC. Civil Enforcement Agency - Issuing Office Calgary Office - 200 807 Manning Rd NE Calgary, AB T2E 7M8 Ph: 403 262-8800 Fx: 403 262-8801 Email: calgary@ccebailiff.ca Edmonton Office 280 10123 99 Street Edmonton, AB T5J 3H1 Ph: 780 448-5833 Fx: 780 448-0698 Email: edmonton@ccebailiff.ca You are hereby instructed to seize the following vehicle: Make Model Serial Number the property of Licence Number now in the possession of Name and Address of Owner Name and Address of Party in Possession This vehicle is subject to a garage keepers lien registered at Personal Property Registry on as Registration Number. Seizure is instructed to realize the sum of $ plus costs claimed by for (Please indicate with an X the reason for the claim.): Name of Creditor storage of motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle repair of a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle maintenance of a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle price of accessories or parts furnished for a motor vehicle or farm vehicle or a part of a motor vehicle or a farm vehicle Possession of the motor vehicle or farm vehicle was surrendered to the owner or owner s agent on. Repairs were completed to the motor vehicle, farm vehicle or part of a motor vehicle or a farm vehicle where the vehicle was not at the time of repair in the possession of the garage keeper on. Accessories or parts were furnished to the motor vehicle or farm vehicle on. Dated at,, on. Signature of Instructing Creditor or Authorized Agent Print Name of Instructing Creditor or Authorized Agent Address of Instructing Creditor or Authorized Agent City Province Postal Code Telephone Number Fax Number Oct 5/04

MasterCard/Visa Authorization Form Today s Date Card Type: VISA MasterCard Retainer Amount: Cardholder Name: Card Number: Expiry Date: Additional charges incurred By signing below I hereby authorize Consolidated Civil Enforcement Inc. to charge the above noted credit card for invoices incurred on this file. I agree to pay these charges and understand that Consolidated Civil Enforcement Inc. will forward me copies of the same marked as paid by credit card. Card Holder Signature: ATTACH PHOTOCOPY OF FRONT AND BACK OF CREDIT CARD For CCE Office Use Only CCE File Number: Authorization Number: Authorization Date: Authorizing RM: CCE Invoice Payment Invoice #: Invoice Amount: Authorization Date: Invoice #: Invoice Amount: Authorization Date: Consolidated Civil Enforcement Inc. 200 807 Manning Road N.E. Calgary, AB T2E 7M8 * Phone: (403) 262-8800 * Fax: (403) 262-8801 Toll Free Phone: (888) 262-2626 * Toll Free Fax: (888) 262-8803