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You may choose to complete an Enforcement Instruction form requesting that the Sheriff seize certain property from the debtor to satisfy a judgment.
Special considerations apply to collecting debts by seizing property or money situated on a reserve. The Indian Act prevents creditors, who are not themselves Indians or bands, from collecting debts by taking the real or personal property of an Indian or band that is located on a reserve.
This protection only applies if the person who owes money is a registered "Indian" under the Act. It also only applies to property on a reserve or property given to an Indian or a band under a treaty or other government agreement.
This protection does not prevent creditors from reclaiming goods sold under a conditional sales agreement. In a conditional sale the seller continues to have rights to the property until the purchase price is paid in full.
If a third party owes the debtor money the Sheriff can serve a notice that requires that person to give the money to the Sheriff instead of paying the debtor. The money is then put towards what the debtor owes to any creditors with a judgment against the debtor. After the money has been seized by the Sheriff, the Sheriff notifies the debtor that the money has been seized.
The Sheriff can serve notice on a specific branch to seize any money the debtor has in an account at that branch on that day. If the money is in a joint bank account the Sheriff can seize the debtor's portion of the account. If there is no money in the account that day no money can be seized. The Sheriff can try another day or try a bank account at a different bank or branch.
The bank may have the right to take the money in the account and apply it against its own loans first. The bank can take the money even if the debtor is not behind in payments on the bank loan. A creditor may seize the debtor's term deposits, or other investments at the bank but Registered Retirement Savings Plans are not subject to seizure. A creditor cannot seize money that the debtor holds in trust for someone else.
The Sheriff can seize all wages owing to a debtor in the next two years as they come due. This means that a notice only has to be served on the employer once every two years and the employer must continue to turn over the debtor's wages every time the debtor is paid for the next two years or until the debt is satisfied. Employers are prohibited from letting an employee go because the employer has been served with a notice that the employee's wages are being seized.
The Sheriff can seize and sell personal property belonging to the debtor to pay the judgment. Personal property includes personal belongings such as vehicles, furniture or appliances. The debtor can redeem the seized property by paying the amount owed under the judgment.
The Sheriff or their deputies have the right to enter the debtor's land or premises (except the debtor's home) to seize goods. They can do things like breaking open gates or doors if these things are necessary to access property they are seizing. However, if the debtor asks them to leave they cannot proceed any further without getting a court order. The Sheriff cannot enter the debtor's home without the debtor's consent or a court order. However, a debtor can be ordered to pay the costs of a court application if they have refused entry.
Land a debtor owns can be seized and sold and the proceeds can be used to pay the judgment. The Sheriff must wait twelve months after seizing the land to sell it, unless the creditor applies to court to have this time shortened.
More information about the role of the Sheriff is available from the Courts of Saskatchewan website, including links to the prescribed forms for Enforcement Instructions for the Sheriff.
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