I have a friend who had his house burn down last year. The insurance company
found him an apartment to rent, which they re-imbursed him for, but the deposit
of $3500 was not covered.
Forward to now, he's back in his house, and the apartment guy won't give him
his deposit back.
He goes to court, and wins. Judgement of over $6,000 for a variety of things.
The court is the tenant court thing.
The guy won't pay him, judgement or not. Absolutely refuses to pay.
In fact, nothing is in his name for the property. It's all in his wife's or sisters
names. Businesses, property, and so on. Nothing in his name.
A lawyer would cost as much as getting the money back.
Alberta Justice publishes a booklet about getting and enforcing a judgment in Alberta. The part about enforcing a judgment begins on page 29 in the following pdf: http://www.albertacourts.ab.ca/pc/ci...in_alberta.pdf
You may at some point have to engage the services of a civil enforcement agency. Consolidated Civil Enforcement, for one example, has a list of services provided on their website and may be able to assist you: http://www.ccebailiff.ca/our_services/
[Disclosure: I have no interest in CCE but have engaged their services in the past. Your results may vary.]
The guy won't pay him, judgement or not. Absolutely refuses to pay.
In fact, nothing is in his name for the property. It's all in his wife's or sisters
names. Businesses, property, and so on. Nothing in his name.
A lawyer would cost as much as getting the money back.
What is his recourse to getting the money?
ers
Is the debtor employed? Does he hold any bank accounts (even joint accounts)? You may be able to garnishee his wages or bank accounts. Getting hold of the employment and bank information may be the hardest part.
Hold on, how was he your landlord if the property is not in his name? Who was the lease agreement with? Who was actually sued?
He signed with a guy, not knowing that his wife actually held the property.
He sued the guy, again not know who the property owner was; he sued the
person on the lease.
After winning the court case, to which the guy didn't show, he went to file
for garnishment or anything else.
Turns out his wife owns the apartment, thus it cannot be touched.
His sister "owns" his business (restaurant, I believe), all bank accounts are in
their names.
He works at the restaurant, but receives no actual monetary wages.
It's almost as if they were setup for this kind of thing.
Also, he is owed $3500 for deposit. For the last 3 months of lease, one
bedroom of two could not be used due to leaking water. The judge decided
that was worth $2500+, and made the total judgement for $6000+.
He signed with a guy, not knowing that his wife actually held the property.
He sued the guy, again not know who the property owner was; he sued the
person on the lease.
After winning the court case, to which the guy didn't show, he went to file
for garnishment or anything else.
Turns out his wife owns the apartment, thus it cannot be touched.
His sister "owns" his business (restaurant, I believe), all bank accounts are in
their names.
He works at the restaurant, but receives no actual monetary wages.
It's almost as if they were setup for this kind of thing.
Also, he is owed $3500 for deposit. For the last 3 months of lease, one
bedroom of two could not be used due to leaking water. The judge decided
that was worth $2500+, and made the total judgement for $6000+.
ers
When did the dispute arise? When was the judgement granted? We are talking Small Claims court here - they are usually pretty easy with procedural rules. I would venture a guess that if your friend goes before the same judge, and explains the situation as you laid it out, the judge might just amend the judgement so that it covers the actual landlord (the wife), seeing as she/her husband knowingly committed fraud. Then, your friend can register a lien against the apartment building...
When did the dispute arise? When was the judgement granted? We are talking Small Claims court here - they are usually pretty easy with procedural rules. I would venture a guess that if your friend goes before the same judge, and explains the situation as you laid it out, the judge might just amend the judgement so that it covers the actual landlord (the wife), seeing as she/her husband knowingly committed fraud. Then, your friend can register a lien against the apartment building...
The deposit is $3500 as the apartment is downtown. Insurance told
them they would pay rent, but not deposit. (Good to know, make insurance
cover everything, including deposit)
He went back to the judge, and he would have to go to the Court of Queens
Bench to get the wife added. If he lost, he would have to pick up the
legal fees for the other side, so is reluctant to do so.
The deposit is $3500 as the apartment is downtown. Insurance told
them they would pay rent, but not deposit. (Good to know, make insurance
cover everything, including deposit)
He went back to the judge, and he would have to go to the Court of Queens
Bench to get the wife added. If he lost, he would have to pick up the
legal fees for the other side, so is reluctant to do so.
ers
Typically, the winner of an application in QB gets an additional $300-500 in costs from the loser. Seeing as you have a sure winner here, at least based on the info you gave, your friend should get a lawyer to make this application for him...
When did the dispute arise? When was the judgement granted? We are talking Small Claims court here - they are usually pretty easy with procedural rules. I would venture a guess that if your friend goes before the same judge, and explains the situation as you laid it out, the judge might just amend the judgement so that it covers the actual landlord (the wife), seeing as she/her husband knowingly committed fraud. Then, your friend can register a lien against the apartment building...
Quote:
Originally Posted by fotze
Why isn't this a criminal issue as well?
Solution: Go to crack macs. Find crackhead. Pay crackhead $150, give him an address, louisville slugger and a photo of wife. Tell him she owes you $10,000 and he can keep half.
This may be your friend's answer.
If buddy made representations to your friend that buddy had no power to make, designed to induce your friend into a contract in which buddy would not be bound, then not only was there never actually a contract, but buddy has taken your friend's money under false pretenses and, assuming the other bits and pieces are as they appear to be, committed a criminal offence. The bizarre nature of his arrangments with his other family members adds to the likelihood he intended to defraud your friend.
Discussing this with CPS might be even cheaper than a crackhead.
Typically, the winner of an application in QB gets an additional $300-500 in costs from the loser. Seeing as you have a sure winner here, at least based on the info you gave, your friend should get a lawyer to make this application for him...
Then I am sure you would be willing to take it on solely on a contingency basis?
Nothing in Small Claims is a sure winner.
Another thought is to contact the landlord/tenant people. They may be interested to know about someone leasing without any interest in the process. I would think that whoever leases out the property has acted as the agent for the actual owner of that propery, whoever that is and that person is responsible for the deposit.
Not to jump on the OP but this is exactly why people need to consult a lawyer before they go through the process. At least the right party would have been sued making collection on the judgment possible or at least knowing the situation before heading into the process. There are so many available resources from articling students to the U of C to CP.
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I am not a lawyer. This might not be as legal as I am thinking it is.
If you have a judgement against the guy, get your money from him. Go stand outside his house on garbage day and put his bags into your trunk. Stuff on the street is free g.ame for anyone to take. Find anything about a possible employer or banks he has accounts with from the envelopes. If he is ######ed then he might actually put something in there with an account number on it and you are golden.
With that judgement you can file a garnishee his accounts, seizing all funds that are in the account. Best bet is wait till the first of the month and walk into the bank and drop off the garnishee. His rent all goes into the accounts, and into your hands.
__________________
"Wake up, Luigi! The only time plumbers sleep on the job is when we're working by the hour."
I am not a lawyer. This might not be as legal as I am thinking it is.
If you have a judgement against the guy, get your money from him. Go stand outside his house on garbage day and put his bags into your trunk. Stuff on the street is free g.ame for anyone to take. Find anything about a possible employer or banks he has accounts with from the envelopes. If he is ######ed then he might actually put something in there with an account number on it and you are golden.
With that judgement you can file a garnishee his accounts, seizing all funds that are in the account. Best bet is wait till the first of the month and walk into the bank and drop off the garnishee. His rent all goes into the accounts, and into your hands.
It's actually illegal what you are advocating because stuff on the street is not free game for anybody, IIRC
How to collect on a judgement?
