What a Statement of Claim Actually Contains

Frightening to receive, and more readable than it looks once you know the shape of it.

A Statement of Claim is the document that starts a foreclosure action. Being served with one is alarming, and understanding its structure removes a surprising amount of the fear.

The parts

The heading. The court — Court of King's Bench of Alberta — the judicial centre, and a court file number. Keep that number; everything about your file is indexed by it.

The parties. The plaintiff is generally your lender. The defendant is you, and possibly others: a co-owner, a guarantor, or holders of other registered charges.

The property. Identified by its legal land description rather than its street address. It looks like a string of numbers and letters, and it is how the property is formally identified.

The mortgage details. When it was granted, registration particulars, and terms relied on.

The default. What the lender says went wrong — usually missed payments, sometimes other breaches such as unpaid property taxes or a lapse in insurance.

The amount claimed. Principal, arrears, interest and costs. It will generally be higher than you expect.

The relief sought. What the lender is asking the court for — typically payment, and failing that, an order leading to a sale.

The notice to the defendant. Your obligations and the time limit for responding. This is the part to read first.

What it means and what it does not

It means a court action has started and a clock is running. It does not mean you have lost, that you must move, or that your options have closed. Redeeming, refinancing and selling generally remain available well beyond this point.

What to do in the first week

Note the date you were served and the response deadline. Photograph or scan everything, envelope included. Check the amount claimed against your own understanding. Then get it in front of a lawyer — free options exist, and this is the stage where advice is most valuable.

If the amount looks wrong

Say so, to a lawyer, with your records. Errors happen. It is easier to raise early than to unpick after orders have been made.

Questions people ask

Does being served mean I am being sued?
Yes, a civil action has been commenced against you. It is a serious step and it is also a routine one in this process — most of your options remain open.
What is a legal land description?
The formal way a property is identified in Alberta's land system, rather than by street address. It will appear on your title as well.
How long do I have to respond?
There is a time limit and it is stated in the document. Ask a lawyer about the deadline that applies to your file rather than relying on a general figure.

General information about the Alberta foreclosure process — not legal or financial advice, and nothing here guarantees an outcome. Every file is different.

Working with licensed Alberta real-estate professionals. Foreclosure Help Alberta is an education and referral service — we are not a law firm and we do not provide legal advice.