The Absconding Debtors Act

The Absconding Debtors Act allows the Court of Queen’s Bench, in certain extraordinary circumstances, to authorize the seizure of the personal property of a debtor who has left or is about to leave the province after a claim has been started by a creditor but before a judgment has been obtained.

The creditor, and at least one other person who has personal knowledge of the matter, must file affidavits stating that the debtor:

• is about to leave or has left Saskatchewan;
• has attempted to remove his or her personal property from Saskatchewan or to sell or dispose of it to defraud his or her creditors; or
• keeps himself or herself concealed to avoid court process or service.

A judge who is satisfied with the evidence provided may direct that a writ of attachment be issued and directed to the Sheriff.

The writ of attachment gives the Sheriff the legal authority to seize the debtor’s personal property. None of the debtor’s property is exempt from seizure if he or she is not leaving behind a spouse or family in Saskatchewan.

A writ may be set aside by the Court on proof that the creditor had no reasonable cause for taking proceedings under the Act.

The Act contains special provisions for the seizure and sale of livestock and perishable goods.