1.00.13 Serving Court Documents

Policy

Under section 2(1)(m) of the Access to Motor Vehicle Information Regulation (AMVIR); registry agents may release to plaintiff(s) the last known address of a defendant, only for the purpose of serving court documents.

Depending on the situation, a registry agent may release the following products:

  • Limited Demographic Search Reports.
  • Confirmation Letters.
  • Not Found Reports.

These products may be released to:

  • A Plaintiff listed in a court claim.
  • Authorized employee of the Plaintiff (if the Plaintiff is not an individual).
  • A lawyer representing the Plaintiff, or an authorized employee of the law firm representing the Plaintiff.

For AMVIR Agreement Holders requesting the last known address of a defendant for the purpose of serving court documents; see 1.00.05 AMVIR Agreement Holders.

Note:
When a client other than those listed above are requesting a search for the purpose of serving court documents, they must contact Data Access and Contract Management Unit (DACMU) at (780)-427-0024 for guidance.

Requirements

Clients must:

  • Be physically present in the registry agent office.
  • Complete an AMVIR Form A-001 (REG 3458).
  • Present the original copy of the claim filed in a court that has jurisdiction in Alberta.
  • Claims filed in other provincial or territorial courts are not acceptable.
  • Provide valid photo identification that includes their full name and date of birth.

Organizations and Law Firms

When the requesting individual is an authorized employee of the Plaintiff or is an authorized employee of the law firm representing the plaintiff, they must also present an authorization letter.

The authorization letter must:

  • Be printed on company letterhead.
  • Identify the name of the individual and authorize that individual to sign the AMVIR Form A-001 (REG3458), and to receive the search product on behalf of the plaintiff or the plaintiff’s lawyer.
  • State the specific information that the individual is authorized to receive on behalf of the organization.
  • Be dated and signed by an authorized officer of the plaintiff or the plaintiff’s law firm (as applicable).

Procedure

A registry agent must verify the following:

  • The claim to ensure that it:
    • Identifies the Plaintiff and the Defendant.
    • Is filed, dated, stamped and registered at a court having jurisdiction in Alberta.
    • Was filed within the last 2 years.
      • If the claim was filed more than 2 years ago, the requesting individual has to provide written confirmation from the court that the claim is still active.  The confirmation cannot be older than 30 days.
    • The information on the AMVIR Form A-001 (REG3458) matches the information on the claim.
      • Ensure the form is fully and correctly completed.
      • Ensure the identification recorded on the form matches the photo identification presented by the requesting individual.
  • That the authorization letter contains all the requirements listed above (if applicable).

Once this information has been verified, the registry agent must process a Limited Demographic Search Report on MOVES. When processing the search on MOVES, an agent must:

  • Use the search criteria provided by the requester on the AMVIR Form A-001 (REG3458).
  • Enter SC followed by the name of the recipient in the ‘Reference No’ field.
  • Enter the Action Number from the claim in the ‘Customer Ref Number’ field.

Archived Information

When the search criteria provided by the requestor have been archived, a registry agent must:

  • Process a historical search fee on MOVES under Miscellaneous Documents.
  • Print a MOVES TX receipt for the request.
  • Complete the Search Processing Request form (pdf).
  • Fax all documents, including the TX receipt and applicable supporting document(s) to DACMU.
  • Inform the client that an Archived Search is required to retrieve the requested information; see 1.00.09 Archived Searches.

Archived Searches:

  • Are processed by DACMU.
  • Require a minimum of 10 to 14 business days to process.
  • Are returned to the registry agent when completed.

Out of Province Addresses

When the Limited Demographic search indicates an out of province address for the Defendant, a registry agent must

  • Process the search request(s) on MOVES:
    • Using the search criteria provided by the requester on the AMVIR Form A-001 (REG3458).
    • In the ‘Reference No’ field enter SC followed by the name of the recipient.
    • In the ‘Customer Ref Number’ field enter the Action Number from the claim.
  • Issue a Limited Demographic Not Found Report.

A registry agent must inform the client that:

  • The Defendant has moved out of province and they are prohibited from releasing search information from other motor vehicle jurisdictions.
  • If they want to know what jurisdiction the Defendant has moved to, the request must be forwarded DACMU.
  • DACMU may produce a Confirmation Letter providing only the jurisdiction where the Defendant has moved; not the complete address.
  • The Confirmation Letter will be returned to the registry agent when completed.
  • Additional fees are required to process the confirmation letter.

If the requester would like confirmation of the jurisdiction the Defendant has moved to, a registry agent must:

  • Complete a Search Processing Request form.
  • Process the request for a confirmation letter on MOVES under Miscellaneous Documents.
  • Print a MOVES TX receipt for the request on a blank piece of paper.
  • Fax all documents, including TX receipt and Not Found Report, to DACMU.

Defendant Not Found

When the information provided by the client refers to another person/entity other than the Defendant or there are errors or conflicts in the information provided in the AMVIR Form A-001 (REG3458) and court claim, a registry agent must:

  • Process the search request(s) on MOVES:
    • Using the search criteria provided by the requester on the AMVIR Form A-001 (REG3458).
    • In the ‘Reference No’ field enter SC followed by the name of the recipient.
    • In the ‘Customer Ref Number’ field enter the Action Number from the claim.
  • Issue a Limited Demographic Not Found Report.

Fees

For search fees; see Registry Agent Product Catalogue (pdf). 


Date Originally Issued: Jan 11, 2012
Date Last Revised: Oct 15, 2019