Civil Enforcements Guide: Glossary of Terms
Glossary of Terms
Before beginning your own Civil Enforcement action, it's a good idea to review our glossary of terms to make sure you understand all the legal jargon you'll be seeing in many of the documents you will be filling out. It's important to understand the documents needed to enforce a court judgement, and we have built this glossary as a go-to reference you can use when reading about Civil Enforcements and the Civil Enforcement Act.
Attached
A term used when personal property is taken and in some way legally bound, such as to a particular creditor with a secure claim.
Defendant
An individual, company or organization against whom a law suit is commenced.
Encumbrance
A lien or charge on property.
Enforce
To use the legal process to collect monies owing under a Judgement.
Enforcement Creditor
A person who is owed money under a Judgement.
Enforcement Debtor
A person who owes money under a Judgement.
Fiat
An Order of a Judge or Master endorsed on a document, usually supported by an affidavit (a written statement confirmed by oath).
Garnishee Process
A process where the enforcement creditor obtains authority pursuant to the Civil Enforcement Act to have a third party such as an employer or bank pay monies into the court to pay off the debt of an enforcement debtor.
Indemnity
Security or guaranteed compensation for damage or loss.
Instructing Creditor
The enforcement creditor on whose instructions enforcement is commenced or continued.
Judgement
A decision of the court, usually awarding money.
Lien
The right to hold the property of another as security for performance of an obligation.
Plaintiff
The individual, company or organization who begins a lawsuit.
Pro Rata Distribution
Proportionate distribution of monies paid into the court in accordance with the Civil Enforcement Act and the amount of the debt owed to each enforcement creditor.
Related Writ
A Writ of Enforcement against the same enforcement debtor that is active at the Personal Property Registry.
Service
To provide a document to a debtor, defendant or garnishee, either by personal delivery or other means set out in a statute or regulation.
Substitutional Service
To convey a document by a means other than personal delivery or a means set out in a statute or regulation as authorized by the Court. The Court may also dispense with service.
Writ of Enforcement
A document issued by the Clerk of the Court of Queen's Bench and registered with the Personal Property Registry by which a Judgement or Order is enforced.
