NOTE: If you receive a judgment against someone, the courts do not collect the awarded damages for you.
If you find yourself having to sue someone who has been negligently or fraudulently owing you money, here is some information on what to fill out for the Alberta Provincial Court for small claims:
http://www.albertacourts.ab.ca/ProvincialCourt/CivilSmallClaimsCourt/ CivilClaimProcess/FormsNeededforaCivilClaim/tabid/182/Default.aspx
There is great information on that site on the steps to follow and the forms to fill out. The form to fill out is the Civil Claim form and there is a link to that form:
http://www.albertacourts.ab.ca/pc/civil/forms/CTS1461.pdf
Below is an example of a filled-in claim example to use for the civil court that deals with a general claim/debt (a promissory note is an example of this):
http://www.albertacourts.ab.ca/Portals/ext/pc/civil/sample-civilclaims-
If you are unsure in how to fill any of the required forms out and of the procedures to follow, there is an information office at the Calgary courts just after you walk through security. They will help answer questions on what to fill out and how. The staff there is FANTASTIC.
If you feel that you have been defrauded, you will want to ensure that you add to your claim: “NAME OF DEFENDENT knowingly defrauded NAME OF PLAINTIFF” This ensures that if the defendant files for bankruptcy, the defendant will still have to pay the monies owing as stated on the promissory note. That debt will not be erased if you ensure that the judge includes that the defendant knowingly committed fraud on the judgment, provided the judgment is in your favor.
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LIST OF RESOURCES FOR VICTIMS OF NON-REPAYMENT OF FUNDS |
How to Sue Someone who has been Negligent in Reimbursement of Funds Owing |
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All statements are made in good faith to protect the public’s interest. Every effort has been made to verify the public facts listed. |