Judgment and Court Costs In Court of Justice Civil

Can the Court grant costs to a party?

Yes. Costs may be awarded by the Court at the conclusion of an action or at any point in the action. 

Requests for Default Judgment

Clerks have the authority under the Alberta Court of Justice Civil Procedure Regulation to approve recoverable costs based on the steps taken up to Judgment. This may occur when a party is making a Request for Default Judgment against a party who has failed to file a Dispute Note on a debt or a liquidated demand claim. This may include costs that the party has incurred for filing the Civil Claim, service of the Civil Claim, and registry searches. Receipts will need to be provided, with the exception of the filing fee for the Civil Claim.

Request to Note in Default

If a Request to Note in Default is filed against a party on a Civil Claim that is not for a debt or liquidated demand, the Court may award costs for steps taken up to Judgment. This may include costs that the party has incurred for filing the Civil Claim, service of the Civil Claim, and registry searches. Receipts will need to be provided, with the exception of the filing fee for the Civil Claim.

Costs Awarded by the Court

If you are successful in your claim, any costs that are incurred as indicated above may be included in the Judgment awarded by the Court. The opposing party will be responsible to pay these costs. If you are unsuccessful, costs may be awarded against you, meaning you will be responsible for paying the opposing party(ies) costs as well as your own.

Costs may also be awarded by the Court at any stage in the action.  

How are the costs awarded by the Court payable?

The Court may:

  • include the costs as part of a Judgment;
  • order that the costs be paid directly from one party to another; or
  • order that the costs be paid into Court until the action is completed.

If the costs are to be paid into Court, the methods of payment accepted are: cash, debit, or certified cheque, bank draft, money order payable to the “Government of Alberta”.  

How long is a Judgment valid for?

A Judgment is valid for 10 years from the date that it was entered.

My Judgment is close to expiring, what do I do?

A Judgment may be renewed before it expires.

If the Judgment has not been registered (filed) at Court of King's Bench, a party may complete and file an Application to renew the Judgment and an Affidavit in Support of Application in the Alberta Court of Justice where the Judgment was granted. There is a filing fee for the Application. Both documents need to be served to the opposing party at least seven days before the application. An Affidavit of Service of Non-Commencing Documents must also be completed to prove that the documents were served. If the Application is granted on the Court date set out in the Application, the Justice will grant an order renewing the Judgment for another 10 years.

For detailed information and step by step instructions review the Application, Affidavit in Support of Application and Affidavit of Service of Non-Commencing Documents.

If the Judgment has been registered (filed) at Court of King's Bench, contact the Court of King's Bench for more information on their process. 

I received a Judgment, how do I collect my money?

Getting a Judgment is not the end of the Court process. If the party that you got the Judgment against (debtor) does not voluntarily pay you the amount awarded in the Judgment, you (creditor) must then take steps to enforce (collect) the Judgment.

The Court does not pay the amount awarded in the Judgment to you and does not assist in enforcing (collecting) the Judgment for you.

Enforcement remedies are your expense. Although some of the expenses can be added to the amount the party owes you, you have to pay those expenses up front.

Once the Judgment is obtained, you are responsible to take all enforcement steps through the Court of Queen’s Bench. To become familiar with the processes of enforcing the Judgment, review the publication called Enforcing your Judgment in Alberta.

For more information on collection processes and how to pursue collecting your Judgment, contact the Court of King's Bench.

I cannot afford to pay the Judgment, can I apply to the Court for a payment plan?

Yes. Once a Judgment has been entered against you, you can apply to Court for a Justice to decide a payment plan that you will have to follow to pay out the Judgment. This is called a Payment Hearing and you will need to file an Application and an Affidavit in Support of a Payment Hearing. The clerks’ office will schedule a date and time for the Payment Hearing and you will need to serve these documents on the Plaintiff at least seven days before the scheduled hearing. Your Affidavit in Support of a Payment Hearing requires you disclose all relevant financial details, such as bank accounts, property owned (including cars, recreational vehicles, or land), employment, income and expenses as well what you propose to pay including dates and frequency of payments.  

Based on the information provided, the Justice may determine how much money you must pay towards the Judgment and may grant an Order for a payment plan at the application.

For detailed information and step by step instructions review the Application, Affidavit in Support of a Payment Hearing and Affidavit of Service of Non-Commencing Documents.

I did not receive a copy of the Civil Claim, but now there is a Judgment against me, what can I do?

If you agree you owe the amount in the Judgment, you can contact the Plaintiff directly to make arrangements to pay.

If the reason you did not file a Dispute Note is because you did not receive a copy of the Civil Claim and now want to dispute the claim, you may apply to set aside the Judgment at the Court of Justice location where the judgment was issued.

The process is as follows:

  1. Complete the form called Application and select Setting aside a Default Judgment.  You will also be required to complete and file an Affidavit in Support of Application.
  2. File both documents at the Court of Justice location where the Judgment was entered.  There is a filing fee for the Application.
  3. Serve both documents upon all other parties at least seven days before the application is to be heard.
  4. Complete and file an Affidavit of Service of Non-Commencing Documents which proves that the documents were served.
  5. Attend Court on the date set for the Application. 

If the Judgment was registered (filed) at the Court of King's Bench, this Application will not stop collection proceedings until the Application has been heard by a Justice in the Alberta Court of Justice and an Order to set aside the Judgment has been granted.  That Order must be filed in the Court of King's Bench. 

Note: Prior to that Application being heard, you may also need to make an Application in the Court of King's Bench for an Order to stop the collection proceedings until the Application is heard and decided in the Alberta Court of Justice.

I missed a Court date and now there is a Judgment against me, what do I do?

If you are a party and have missed a Court date and Judgment was issued against you, you can apply to set aside the Judgment by the following process:

  1. Complete the form called Application and select setting aside a Default Judgment. There is a filing fee for the Application. 
  2. Complete and file an Affidavit in Support of Application. In this Affidavit you will:
    1. outline the reasons why you did not attend the Court date; and
    2. include any supporting evidence.
  3. It is recommended that you file both documents at the Alberta Court of Justice Civil location where the Certificate of Default Judgment was entered.
  4. Serve both documents upon all other parties at least seven days before the application is to be heard.
  5. Complete and file an Affidavit of Service of Non-Commencing Documents which proves that the documents were served.
  6. Attend Court on the date set for the Application. 

If the Judgment was registered (filed) at the Court of King's Bench, this Application will not stop collection proceedings until the Application has been heard by a Justice in the Court of Justice and an Order to set aside the Judgment has been granted. That Order must be filed in the Court of King's Bench.

Note: Prior to the Application being heard, you may also need to make an Application in the Court of King's Bench for an Order to stop the collection proceedings until the Application is heard and decided in Alberta Court of Justice.

If the application is granted and the Judgment is set aside, the Court order will set out the next steps in the action.

If the application is denied, the Judgment stands.