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View Full Version : Can I file 2 at the same time different claims though?


O_Troubles
Mar 31, 2009, 08:52 AM
First off what's the word called the one where you take money of some ones paycheck or welfare or whatever? I was wondering because I have to file a small claim but I also want to file one of thoese things to because if they say he owes me in small claims it doesn't do anything I still have to get him to pay me so I want to file both at one time instead of waiting 2 months to finish one then waiting another 3 months to finish the other claim. Thank you!!

JudyKayTee
Mar 31, 2009, 09:27 AM
I have no idea what you are talking about. You need to post the situation - I don't know what "take money off someone's paycheck or welfare" means.

O_Troubles
Mar 31, 2009, 08:37 PM
My renter owes me 420 right now and as of April 1st another 450 on the 5th I can kick him out if he hasn't paid the rent and I can do it without 30 days notice is what they told me. But to get him to pay the rent he owes I have to take him to small claims, and get him to pay me the 420 + 450. If I get the claim in my favour meaning I proved he owes me the money the court will say he owes me, but that won't make him pay. I would have to go back to court and get a judgement or what ever to get the government to take money of his paycheck to pay what he owes me because he may not pay willingly. How do I do that and can I do it at the same time as I do the small claim

JudyKayTee
Apr 1, 2009, 05:11 AM
The Government doesn't take money from him under any circumstances. This is how it works. You file against him in Small Claims Court, all of your claims together, one lump sum. If you win the Judgment, then you collect it in the manner allowed in Canada, in your province.

This is not a problem involving the Government and the Government won't help you collect (unless by "Government" you mean the Court system which will issue a Judgment and you collect on it).

If this is the property which has the bug infestation there is a good possibility that that is the defense your tenant will lose - and if it's as bad as you say, the tenant could very well win the lawsuit.

O_Troubles
Apr 1, 2009, 09:42 AM
I'm lost what's the defence? And he wouldn't know about the bugs he's been home 3 times in the last month when the bugs first started and like I said I'm taking care of it and its just a couple bugs I just don't like them. And yea you can take money from someone, my mom made the court take money from my dad when he would not pay child support it works along thoes same lines.

AK lawyer
Apr 1, 2009, 09:54 AM
first off whats the word called the one where you take money of some ones paycheck or welfare or whatever? i was wondering because i have to file a small claim but i also want to file one of thoese things to because if they say he owes me in small claims it doesnt do anything i still have to get him to pay me so i wanna file both at one time insted of waiting 2 months to finish one then waiting another 3 months to finish the other claim. thank you !!!

I believe the term you are searching for is "garnishment". The term is usually used to particularly describe a court process to seize paychecks. Seizure of other property is done by the more generic term "execution". When (and, usually, only when) you get your judgment against him, you can obtain a writ of execution, or writ of garnishment (depending on what they call it in your jurisdiction), and have his property (such as wages due to him) seized to satisfy the judgment.

ScottGem
Apr 1, 2009, 11:16 AM
You need to check with your local housing laws. In some jurisdictions the eviction order can include a judgement for back rent. So you may not need to go to small cliams at all.

Doesn't matter if he's been home or not. As long as he shows prrof of a bug infestation he can win. Maybe the reason he hasn't been there is because of the bugs.

O_Troubles
Apr 1, 2009, 04:41 PM
There isn't an infestation though lol I don't like the bugs so I complain but I see like 3 bugs a day its just a normal house with normal bugs. He's never seen any bugs though and I doubt he's going to do anything about my so called "infestation" he's a loser I wish I knew that before but he sells pot and has been to jail before I doubt he will go to the police but I want my rent money I'm behind on bills because of him. But OK so I have to wait to garnish his wadges and I'm in canada I don't even know how to find out about the back rent with the eviction order. I was just going to tell him to move out I don't even know what an evection order is :S

ScottGem
Apr 1, 2009, 04:50 PM
Before you tell him to get out you NEED to understand the proper process for evictions. You should be able to find this out at your local Housing court. If you don't follow the process correctly, you could find yourself in trouble or won't be able to get him out quickly.