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Can you tell me how to apply a lein on a debtor's property…

Customer Question
Can you tell me...

Can you tell me how to apply a lein on a debtor's property in Calgary Alberta?

Lawyer's Assistant: Have you talked to an Alberta lawyer about this?

No

Lawyer's Assistant: What steps have you taken so far?

I have invoiced the customer for work performed, and he has declined to pay

Submitted: 6 months ago.Category: Canada Law
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Answered in 2 minutes by:
12/27/2017
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 6 months ago

I am sorry to hear that you are in a difficult situation.

Are you saying you did work on the property?

If that is the case when did you substantially complete the work?

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Customer reply replied 6 months ago
November 22 2017
Lawyer: Debra, Lawyer replied 6 months ago

And this was for worked being done on the property, correct?

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Customer reply replied 6 months ago
that is correct. I need to get the lein put on the property fairly quickly, because I am at about 35 days right now. I just need to know where to go to make the application. Thank you if you can help me with that question.
Lawyer: Debra, Lawyer replied 6 months ago

Yes that is correct. You have to register the lien on title by 45 days.

You register it on title by signing some forms and filing then with the land titles office in Calgary.

Here is a link to the form you will need:

http://www.servicealberta.gov.ab.ca/pdf/ltmanual/BUILDERS_LIEN_AND_AFFIDAVIT_VERIFYING_CLAIM.pdf

Then your next step is to prepare a Statement of Claim which must be issued to enforce a lien, and you obtain what is called a lis pendens and then regist that on title, within 180 days of the registration of the lien. (A lis pendens is a certificate issued by the court so you get it when you have the claim issued from the court office. It essentially confirms that a Statement of Claim relating to the land has been issued.)

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 6 months ago

Is there anything more I can help you with at this point in time?

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