Notarized or true copy not accepted
All judgments presented for registration must be either original copies or court certified copies. Notarial and “True” copies will not be accepted.
See section 2, The Judgments Act
Court certified copy required
A Certificate of Decision from small claims court cannot be registered directly. After receiving the decision, the registrant must obtain a certificate of judgment from the Court. This can then be registered.
See section 2, The Judgments Act
Form 21.1 (registration of judgment, lien or order form) required
All judgments must be accompanied by a properly completed Registration of Judgment, Lien or Order form (Form 21.1).
The Form 21.1 can be found here: teranetmanitoba.ca/land-titles/land-titles-forms/
Attached as Schedule I are some examples dealing with discrepancies between the name of the judgment debtor and the name of the registered owner. These may be of some assistance in completing this form.
Judgment debtor not owner of targeted Lands
A judgment can be registered against lands owned by a party who is not the judgment debtor provided that the judgment debtor has an interest in those lands. For this purposes, the expression, “interest in land,” has the same meaning as it does for caveats.
The following circumstances do not create interests in land against which a judgment can be registered:
• The right to a marital property accounting
• Rights under The Homesteads Act
• Being the general beneficiary under the will of a deceased land owner
Where the judgment debtor in not the owner of the subject land, but has an interest in the land, that interest in land must be set forth in box 6 of the Registration of Judgment, Lien or Order form (form 21.1).