Ask Experts Questions for FREE Help !
Ask
    curious_IN's Avatar
    curious_IN Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 30, 2008, 08:29 PM
    Collecting judgement on someone in Canada
    We are considering filing a small claim against someone that has since moved to Canada. I'm pretty sure she won't pay just based on previous behavior, and she doesn't work. Would we be able to garnish wages/savings with her being in Canada, and us being in the US??
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jul 31, 2008, 07:58 AM
    Quote Originally Posted by curious_IN
    We are considering filing a small claim against someone that has since moved to Canada. I'm pretty sure she won't pay just based on previous behavior, and she doesn't work. Would we be able to garnish wages/savings with her being in Canada, and us being in the US???

    Small Claims cases are filed based on the residency of the Defendant, not the Plaintiff, so this would be a Canadian Small Claims Court case with a Canadian Judgment, enforceable in Canada.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
    		  
    #3

    Aug 13, 2008, 10:35 PM
    As stated by JudyKayTee the answer is "yes."

    The difficulty you may have is dealing with a proceeding that is far removed from where you live. Some Small Claims Courts in Canada have their forms online and they can be mailed into the court once ompleted. In addition, if the matter is defended and proceeds to a settlement conference you may be able to participate by way of a teleconference.

    If, however, the matter proceeds to a trial you will need to attend.

    If the debtor is in Ontario you may find information about the Ontario Small Claims Court at Ministry of the Attorney General / Ministère du Procureur général
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Collecting Judgement Money [ 4 Answers ]

I was awarded a judgment against someone. Now that person has disappeared and I no longer have her address. Apparently, I need her address to serve a garnishment of wages. She had a lawyer in court with her. Can I send the garnishment papers to her lawyer? Or... how can I find her address or...

Collecting a judgement [ 2 Answers ]

How do I go about claiming my judgement money from a small claims case? It was filed against a small company in Florida not an individual. I live out of state from the defendant and I already know the guy is a dead beat because he has owed me the money for over a year. Are there companies that...

Collecting Default Judgement [ 19 Answers ]

Judgement awarded by default. (CA) When exiting car, I tripped and fell when a contractor put a garden hose from his construction site into the city water main drain. I drove by the office to make sure they were still there before sending letter of demand and 5 days later the building has been...

Collecting on a personal judgement [ 3 Answers ]

I received a judgement against a contractor. How do I go about making sure that judgement shows up on his credit? Can I file the judgement in the county he lives in too? Can his wages be garnished? Any help would be greatly appreciated!

Collecting a judgement [ 14 Answers ]

Won a judgement bk in oct 2004 and have not received any money from this person he owns a trailer park and in 2005 he let his friend be partner with him in the trailer park.I did a notice of writ which I took out in June of 2005 what that do I do not know.but that is what the courts told me to do I...

View more questions Search