Licensed Insolvency Trustees Calgary

​​Credit Card Debt in Alberta: What Happens When You Can’t Pay?

What happens to unpaid credit card debt in Alberta? Learn the timeline from missed payments to collections, lawsuits and garnishment, plus your legal options.

A man stressing out over his credit card debt in Alberta while he looks at documents in front of him and holds onto multiple credit cards

Missing a credit card payment rarely feels like a crisis on day one. The trouble is what follows: interest that the Financial Consumer Agency of Canada illustrates at 19 per cent on purchases and 22 per cent on cash advances (rates vary by card), collection calls, and eventually the possibility of a lawsuit and wage garnishment. If you are carrying credit card debt in Alberta that you can no longer service, it helps to know the sequence of events, the legal limits creditors must respect, and the points where you can intervene. As Licensed Insolvency Trustees who have worked with Calgary households for over 30 years, we see every stage of this timeline, and none of them is a dead end.

How common is debt trouble in Alberta?

Equifax Canada’s Q2 2026 report put average non-mortgage debt among Alberta consumers with credit at $23,289, with 1.91 per cent of balances 90 or more days past due. TransUnion, which measures delinquency differently, also places Alberta above the national average: its Q3 2025 Industry Insights Report shows Alberta’s serious delinquency rate at 2.31 per cent against a national 1.77 per cent,.

The Office of the Superintendent of Bankruptcy recorded 18,876 consumer insolvencies in Alberta in 2025; 16,261 of them were proposals rather than bankruptcies.

The first 90 days: interest, penalties and your credit report

Credit card debt is unsecured, so there is no collateral the lender can repossess without first going to court. What it can do is make the debt more expensive. The FCAC notes that missing a minimum payment can trigger a higher interest rate, temporarily or permanently, and cancel any promotional rate you were relying on.

Each late payment reported to the bureaus stays on your Equifax credit report for up to six years, even after you catch up. If payments stop altogether, the account is usually passed to a collection agency.

If your credit card is with the same bank as your chequing account, the bank can also use its right of set-off to withdraw money from your account to cover the overdue balance, with no notice and no court order.

When collection agencies get involved

Collectors in Alberta operate under the Consumer Protection Act and the Collection and Debt Repayment Practices Regulation. According to the Government of Alberta, a licensed collector:

  • may only contact you at home between 7 a.m. and 10 p.m. Alberta time;
  • cannot make more than three unsolicited contacts in any seven-day period;
  • may contact your employer once, solely to confirm employment in preparation for legal action, and cannot discuss your debt with relatives, friends or co-workers without your express consent;
  • cannot use threatening or coercive language, imply they are police or lawyers, or threaten legal action they are not authorized to take;
  • must stop contacting you if you state in writing that you dispute the debt and want the creditor to take you to court.

A collection agency cannot seize your property or garnish your wages on its own. Those remedies require a court judgment first.

Can a credit card company sue you in Alberta?

Yes. Alberta’s Limitations Act generally gives a creditor two years from when the claim was discovered, in practice usually your last payment or written acknowledgement of the debt, to start a lawsuit. A payment, even a small one, restarts that clock. Think carefully before making a token payment on an old collection account.

If you are served with a civil claim, you have 20 calendar days to file a dispute note. Ignoring it leads to a default judgment, after which the creditor can register a writ of enforcement, garnish your pay or bank account, and have a civil enforcement agency seize non-exempt property.

How much of your pay can be garnished?

Alberta’s Civil Enforcement Regulation protects a portion of net employment earnings: a minimum of $800 per month plus $200 per dependant, and a maximum of $2,400 plus $200 per dependant; the court can adjust these amounts on application. Bank account garnishments carry no equivalent protection; a creditor with a judgment can take the full amount owed from your account.

Your options before and after things escalate

The right response depends on what you owe, your income and the assets you need to protect.

Informal arrangements

Asking the lender for a hardship plan or consolidating balances into a lower-rate loan can work when the debt is manageable and your income is stable. The limitation is that a consolidation loan does not reduce what you owe, and creditors can refuse a debt management plan, which offers no legal protection from collection agencies. Our comparison of debt consolidation versus bankruptcy walks through when each approach makes sense.

Consumer proposal

A consumer proposal is a legally binding offer to your unsecured creditors, filed through a Licensed Insolvency Trustee under the federal Bankruptcy and Insolvency Act. Depending on your circumstances, it may allow you to repay a portion of what you owe over up to five years with no further interest. Filing triggers a stay of proceedings designed to stop collection calls, lawsuits and wage garnishments for the debts included. Credit card balances, including accounts already in collections, can generally be included; we explain what happens to your credit cards in a proposal separately. Equifax removes a proposal three years after completion or six years from filing, whichever comes first, a point covered in our article on consumer proposals and your credit score.

Personal bankruptcy

When a proposal is not affordable, personal bankruptcy provides the same stay of proceedings and a discharge from most unsecured debts, often within nine months for a first-time filer without surplus income. Alberta’s exemption rules let you keep essentials such as a vehicle worth up to $5,000, household goods and up to $40,000 of home equity. The stay has exceptions, explained in our article on wage garnishment and bankruptcy in Alberta.

How Hudson & Company approaches credit card debt

Our team of four Licensed Insolvency Trustees is licensed by the federal government to administer consumer proposals and bankruptcies; we are an independent firm, not a government agency. The first conversation is a free, no-obligation consultation, in person at our downtown, south or northeast Calgary offices, or by phone or video. We review your full financial picture, including whether an informal solution would serve you better than a formal filing. Our bankruptcy calculator can give you a rough sense of the numbers beforehand.

Every situation is different, and outcomes depend on your income, assets and creditors. What does not change is that credit card debt in Alberta is a legal problem with legal solutions, and the earlier you understand your position, the more of those solutions remain open.

Frequently Asked Questions

Can I go to jail for unpaid credit card debt in Alberta?

No. Unpaid consumer debt is a civil matter, and Alberta’s collection rules state that a collector cannot bring in the police or send you to jail. The realistic consequences are credit damage, collection activity and, after a court judgment, garnishment or seizure of non-exempt property.

How long can a creditor chase credit card debt in Alberta?

Under Alberta’s Limitations Act, a creditor generally has two years from your last payment or written acknowledgement to sue. After that, the debt still exists and may remain on your credit report, but the creditor generally can no longer start a lawsuit to obtain a judgment. Any payment restarts the two-year period.

Will a consumer proposal stop wage garnishment for credit card debt?

Filing a consumer proposal or bankruptcy creates a stay of proceedings under the Bankruptcy and Insolvency Act that is designed to stop garnishments by unsecured creditors, including credit card companies. Certain debts, such as child or spousal support, are treated differently, so a Licensed Insolvency Trustee should review your specific garnishment before you file.