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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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My son lived in Alberta but recently moved back to bc due to

Customer Question

My son lived in Alberta but recently moved back to bc due to know work. He is planning on going through Seize or Sue do to not being able to make his payments on his truck. His truck is registered in Alta. so was wondering if there will be issues when his truck is seized in B.C.?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Do you know if your son had a conditional sales agreement when he bought the truck?

Customer: replied 1 year ago.
What,s a conditional sale, he has it through scotia bank is paying approx. 800.00 a month it's not a lease
Expert:  Debra replied 1 year ago.

A conditional sales agreement is a special kind of purchase where the seller owns the vehicle until it is paid off.

In that case, the seller can either seize or sue but not both.

That applies to both BC and Alberta.

In Alberta there is no seize or sue law otherwise so they can both seize and sue.

In BC the seize or sue law applies to all types of sales contracts.

Because the truck was bought in Alberta it can be seized and your son will still be sued unless there is a conditional sales contract.

Does that clarify the law?

Customer: replied 1 year ago.
The seller is ford in alta, the bank basically owns the truck my son is just making the payments so I can't imagine there is any conditions. Basically they can seize the truck and also sue him
Expert:  Debra replied 1 year ago.

They can seize and sue unless he has the special type of contract but he might. Tell him to read the title to the document he signed when he purchased the truck.

Customer: replied 1 year ago.
Thank you will have to talk to my son
Expert:  Debra replied 1 year ago.

You are very welcome.

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