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Type: Posts; User: Justice Matters

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  1. Answers
    6
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    1,040

    There are any number of reasons a judge may...

    There are any number of reasons a judge may reserve their decision and thus it can be hard (if not impossible) to infer anything when a judge announces their intention to do so.

    Cases turn on...
  2. Answers
    4
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    727

    If the debt is in your wife's name then a...

    If the debt is in your wife's name then a judgment could only be rendered against her and not you. Consequently, only her monies could be subject to a garnishment and not yours.
  3. Answers
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    513

    We concur with all the other posts thus far. ...

    We concur with all the other posts thus far.

    We would only add that a garnishment can generally be used to intercept any money destined for a debtor. Consequently, if you know who the customers...
  4. If they sue you ensure that you file a defence...

    If they sue you ensure that you file a defence otherwise a default judgment could be entered against you and a writ of seizure and sale registered against your home.
  5. JudyKayTee has asked us to give you our two cents...

    JudyKayTee has asked us to give you our two cents on your situation.

    Under Ontario's Construction Lien Act a contractor may register a construction lien against a property in order to secure...
  6. Generally speaking when you incur a damage you...

    Generally speaking when you incur a damage you have a legal obligation to mitigate your losses. In this case allowing them to try to complete the job.

    The potential alternative is they sue for...
  7. Limitation issues are not always straight...

    Limitation issues are not always straight forward.

    It is generally held that a payment on a debt will re-start a limitation period provided it has not already elapsed.

    For causes of action that...
  8. Depending upon what the summons is for you may be...

    Depending upon what the summons is for you may be able to adjourn the hearing. In Ontario, where we practice, a summons is only issued against a defendant for certain types of enforcement...
  9. Answers
    1
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    285

    If your ex-boyfriend cannot or will not pay you...

    If your ex-boyfriend cannot or will not pay you may not be able to find a way to make him do otherwise. It would be nice if you could at least sue him after the house is sold for his share of the...
  10. Answers
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    486

    Your single biggest problem is the fact that you...

    Your single biggest problem is the fact that you have a verbal agreement. If this was a written agreement then keeping some of all of his deposit would be a lot easier. (That is if the court...
  11. As the primary cardholder you appear to recognize...

    As the primary cardholder you appear to recognize that you are responsible to the credit card company for all activity on the account. If your ex will not voluntarily pay then you may need to bring...
  12. Answers
    1
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    299

    In every lawsuit a plaintiff must prove liability...

    In every lawsuit a plaintiff must prove liability and damages. If the plaintiff cannot convince a court that you are liable then the action as against you will be dismissed and likely with costs...
  13. Answers
    5
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    1,109

    You may want to confer with a legal...

    You may want to confer with a legal representative in your particular jurisdiction and/or do some research as to how your defamation statute is worded.

    In some cases damages must be established...
  14. The success of your claim will depend on part on...

    The success of your claim will depend on part on two elements which have not been thoroughly detailed in your post.

    1. How wide in scope was the work of the first contractor supposed to be? ...
  15. Answers
    7
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    1,220

    A collection agency may or may not be able to...

    A collection agency may or may not be able to help. Some of them have effective means to locate debtors and some do not. In any event a collection agency will likely want a significant commission...
  16. If what you are describing is what we in Ontario...

    If what you are describing is what we in Ontario would refer to as a "debtor's examination" then you should be free to ask any and all questions regarding this contractor's finances. Such questions...
  17. To clarify, you cannot place a lien on a person -...

    To clarify, you cannot place a lien on a person - only on property.

    When you say "lien" (which is normally a security instrument to ensure payment of a debt) you likely mean "writ of execution"...
  18. Question: How to

    by Justice Matters
    Answers
    7
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    516

    JudyKaytee - just asking but in the Ontario Small...

    JudyKaytee - just asking but in the Ontario Small Claims Court, where we practice, a plaintiff gets to choose jurisdiction on any one of the following:

    1. Where the defendant resides or carries...
  19. Question: How to

    by Justice Matters
    Answers
    7
    Views
    516

    While we are admittedly unfamiliar with American...

    While we are admittedly unfamiliar with American law and procedure is there not any basis to allow you to file your claim in Florida?

    If yes, is there an agreement for the reciprocal enforcement...
  20. Mr. #?%!# has been paid only once - when Cash...

    Mr. #?%!# has been paid only once - when Cash gave him cash in exchange for the cheque.

    Cash has not been paid at all since you stopped the cheque that had been handed over to them by Mr. #?%!#.
    ...
  21. Answers
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    407

    The commencement of a limitation period is not...

    The commencement of a limitation period is not necessarily when a contract was entered into.

    Generally speaking a limition period commences on the earlier of:

    a) when a cause of action occured;...
  22. Answers
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    3,714

    Two quick thoughts on your matter. One - did...

    Two quick thoughts on your matter.

    One - did you know in advance the vehicle "leaked like a seive" and should not be left exposed to the elements? If yes, did you advise the impound lot? If you...
  23. If you are going to sue in the small claims court...

    If you are going to sue in the small claims court then it will likely have to be a money claim only since small claims courts generally do not have the powers necessary to order a title transfer from...
  24. Answers
    4
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    752

    JudyKayTee's succinct answer is right on the...

    JudyKayTee's succinct answer is right on the money (pardon the pun).

    We just wanted to comment on your header which reads "Matter of Principal." To some of those in the legal profession that is...
  25. In addition to the very insightful answers posted...

    In addition to the very insightful answers posted by JudyKayTee and this8384 we would add that you, or your insurance company, ought to look into the applicable statute of limitations.
  26. In Ontario, where we practice, the protection...

    In Ontario, where we practice, the protection afforded to such types of income also extends to the monies when they are in the debtor's bank account.
  27. We concur with Judykaytee's initial answer. ...

    We concur with Judykaytee's initial answer.

    Even if the contract is breached by you the seller must still prove that he took all reasonable steps to mitigate his damages AND that he has incurred...
  28. Answers
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    741

    A strict interpretation of contract law would...

    A strict interpretation of contract law would result in you forfeiting the deposit if you fail to honour the agreement to buy the vehicle.

    An equitable interpretation of contract law would allow...
  29. Answers
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    1,333

    It is possible, under the law of bailment, that...

    It is possible, under the law of bailment, that Amber and Leslie could be responsible.

    As soon as your friends agreed to care for your purse and return it too you they arguably became bailees. ...
  30. Answers
    2
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    544

    Depending upon your jurisdiction and your account...

    Depending upon your jurisdiction and your account history the debt may be statute barred due to the expiration of a limitation period. In many jurisdictions the limitation period for bringing a...
  31. Answers
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    1,848

    If, for whatever reason, you did not file a...

    If, for whatever reason, you did not file a defence to the original claim you may be able to set aside or vacate the judgment so that a defence can be filed. If successful this will stop any...
  32. Answers
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    2,517

    You may also have the option of going to your...

    You may also have the option of going to your "employer's" bank every now and then to see if there is sufficient money in the account to have the cheque(s) certified. If yes proceed with...
  33. Answers
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    2,908

    Generally there is no limit as to how long a debt...

    Generally there is no limit as to how long a debt can remain owing.

    Statutes of limitations mainly apply to the time someone has to file a lawsuit against another. In this case no lawsuit is...
  34. Answers
    3
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    365

    Whether it is too late to take him to court will...

    Whether it is too late to take him to court will depend upon the statute of limitations in your jurisdiction. Most jurisdictions have limitation periods ranging from two to six years for small...
  35. Answers
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    646

    As we said it's possible but highly unlikely. ...

    As we said it's possible but highly unlikely. Once a lender has you locked up as a co-signer they generally don't want to let you go since it doubles their chances of collecting their money in the...
  36. Until and unless someone posts some information...

    Until and unless someone posts some information specific to Indiana we can provide the following general information.

    A garnishment, like any enforcement remedy, can be exercised at any time so...
  37. Answers
    4
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    646

    It is theoretically possibly, although highly...

    It is theoretically possibly, although highly unlikely, that the finance company could release you if you so asked.

    We assume that your ex-boyfriend's credit rating was inadequate to finance the...
  38. Answers
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    1,894

    The exact remedies available to you will vary...

    The exact remedies available to you will vary upon which jurisdiction you are in (please advise which state or province you are in).

    If the threat of legal action is genuine and no "arrangements"...
  39. Answers
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    1,031

    We are in no position to contradict our learned...

    We are in no position to contradict our learned American friends but we are puzzled that breach of a contract in the U.S. cannot result in damages beyond the cost of the contract itself. While we...
  40. If you are going to send a creditor monies to...

    If you are going to send a creditor monies to settle a matter it is usually best to have a mutually signed settlement agreement in place first.

    If you are able to pay the full amount you may be...
  41. Answers
    6
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    952

    In exchange for an airline ticket your...

    In exchange for an airline ticket your obligations were to pay for the accommodations, plus food and possibly some apparel.

    Since you already paid for the accommodations your outstanding...
  42. Answers
    4
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    575

    If the debt was purchased from the creditor then...

    If the debt was purchased from the creditor then the frontline personnel at the collection agency are going to be under pressure to extract the highest return possible from you in order to please...
  43. Under Ontario's Limitations Act the limitation...

    Under Ontario's Limitations Act the limitation period for a cause of action that arose after January 1, 2004 is two years (certain conditions apply).

    Be advised that either a payment (even a...
  44. Answers
    4
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    610

    The easiest way to avoid having enforcement...

    The easiest way to avoid having enforcement proceedings being taken against you is to pay the creditor in full. If you can borrow the money (ie. Debt consolidation loan) you may also be able to...
  45. Answers
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    1,031

    Under the circumstances you described we would...

    Under the circumstances you described we would sue for both a refund and an additional amount for the loss of the wedding photographs.

    Whether you will get the later will be up to a judge. One...
  46. JudyKayTee's option may be the least expensive. ...

    JudyKayTee's option may be the least expensive.

    You could also hire a skip tracer or private investigator.

    Also, depending upon the Rules of the Small Claims Court in your particular...
  47. Generally, in order to be able to keep the...

    Generally, in order to be able to keep the deposit the landlord must show it incurred damages. If the landlord was able to re-rent the house the next day then damages may be minimal or non-existant....
  48. Answers
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    494

    In Ontario the limitation period for a cause of...

    In Ontario the limitation period for a cause of action that arose BEFORE January 2004 is six years.

    The limitation period for a cause of action that arose AFTER January 2004 is two years.

    If...
  49. Answers
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    1,237

    It sounds like you filed a defence after being...

    It sounds like you filed a defence after being sued and your matter proceeded to either a Settlement Conference or a Terms of Payment Hearing where a payment plan was endorsed by the court (correct...
  50. This could be a tricky situation. If your...

    This could be a tricky situation. If your father's bank account is with the same bank that he owes money to then the account holder agreement he has may allow the bank to take funds from his...
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