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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 01-16-2018, 10:42 PM
Stillbreathing Stillbreathing is offline
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Default How do you collect money owed?

How do you go about collecting on such things as court ordered costs and settlement monies if the other party refuses to pay? Do you need a court order that allows you to put a lien against any property they own? How do you get the sheriff to seize their assets, vehicles or money in investments?
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Old 01-16-2018, 10:46 PM
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Register with FRO?

I don't know why someone wouldn't do this. It's free and FRO/MEP garnishee and lien and seize.

Actually it's quite simple.
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Old 01-16-2018, 10:58 PM
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FRO/MEP only collect CS , S7 and SS but the rest of the money such as costs and the settlement owed is up to you to collect. Thatís why Iím asking for the specifics of how to do this .

For example. Letís say there is an unequal division of assets and spouse A is awarded the $500,000 in trust from the sale of the matrimonial property plus $1 million on top and spouse B is to pay that $1 million forthwith but does not. Spouse B owns several properties, has over $5 million in investments.

How does spouse A get their money that they are legally entitled to? Do they put liens against one or more of the properties? Ask the sheriff to repossess the Mercedes? Ask the sheriff to walk into the investment firm where the investments are held and seize the money?

Do you need to return to court first to get an order to force the sale of the non/matrimonial home ? If you get an order to force the sale of a non matrimonial home does spouse Aís claim to the equity supercede that of the bank because said home was purchased during the separation without the assets having been divided?

Last edited by Stillbreathing; 01-16-2018 at 11:09 PM.
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Old 01-16-2018, 11:26 PM
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well I was successful in obtaining "costs" (legal) through court as it pertained to SS.

Of course you need court orders to search, seize assets. I think you already know this though.

Don't bother with the Mercedes - depreciative asset not likely worth pursuing (you will spend too much)

I think you know you need professional valuations on all assets right?

Lawyer can advise you.
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Old 01-16-2018, 11:39 PM
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Here is a case for you to ponder. Took MANY years.

https://www.canlii.org/en/ab/abqb/do...2018abqb2.html

This one is from Alberta. There are many cases on CanLii from Ontario as well.

You will likely looking at many years of litigation, particularly if your ex (like the fellow in this case) has money to pay a slimy lawyer to deflect your claims.

Getting an order for something is one thing. Collection is another.

For most people who have average incomes, FRO (maintenance enforcement agency) is the way to start. Why pay for something when you can get it (seizure) for free.

Of course, you have to have a very specifically-worded court Order to succeed.

If you put things off be prepared to offer a plausible explanation as to why you didn't pursue your claim sooner... by not doing it sooner you set the argument up for the other side that you simply didn't need the money and granting it now (10 years or whenever you finally decide to pursue it) would prove to be a windfall that he cannot afford.

Usually it's better to get after things right away.
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Old 01-16-2018, 11:42 PM
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I have asked my lawyer several times what to do to collect as STBX has a history of not paying. Lawyer skirts around the answer and doesnít really give me an answer. Best part is that at the end of the day the lawyer gets paid out of sale proceeds of home so no risk to him and I am left to figure out how the hell to get my money.
I want to be prepared so that I can take the appropriate steps to get my money. I donít know what those steps are therefor Iím asking.

As for asking for your money right away, I have been asking for it from the date of separation. We also have an order made on consent (2012) where STBX offered to pay 100% of certain s7 expenses but has not. We are registered with FRO/MEP but they refuse to enforce it without a court order directing them to and my lawyer wonít bring a motion because he says we have bigger fish to fry.

I want to be prepared as I will be left trying to get my settlement money by myself after trial ( if we ever get to trial) and my lawyer takes off after he is paid.

Last edited by Stillbreathing; 01-16-2018 at 11:50 PM.
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Old 01-17-2018, 12:02 AM
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FRO/MEP is the way to go.

Wealthy people (and I mean BIG TIME wealthy) collect through FRO/MEP if needed - most settle privately though. Stupid people run in circles hiring barrage of lawyers and sheriffs, etc... how stupid is that when same service you can have for free? In Alberta, MEP (Alberta Maintenance Enforcement Agency) is actually a division of Alberta Justice. Why would someone not go through collection agency of the court? Baffles me.

Get another legal opinion or start listening closer to what your lawyer is advising you (I suspect you do not understand the process?).

You don't need a lawyer to collect through FRO/MEP. All you need is a court order. Tell your lawyer he doesn't get paid until you have the court order? Lawyers understand stuff like that LOL.

Oh and you can go to trial but if you don't have the properly worded court order then you are hooped.
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Old 01-17-2018, 12:38 AM
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FRO/MEP only collect cs, ss and s7. Itís up to you to collect your settlement. FRO/MEP wonít collect it. They also donít collect costs that are not labelled one of those three. I need to know how do you put a lien on a house or seize assets? I donít think you even need a court order to register a lien as unscrupulous Contractors register liens all the time on peopleís houses without them knowing. What Iím asking is how do you go about collecting the remaining money that FRO/MEP will not collect for you?
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Old 01-17-2018, 10:09 AM
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Quote:
Agreements about property and debt
Where an agreement provides for the division of property and debt and someone doesn't live up to their obligations, the agreement can be enforced by starting a court proceeding in the Supreme Court for breach of contract, asking the court to make an order for the specific performance of the agreement by the person in breach, plus an order for costs. An order for the specific performance of an agreement requires the breaching person to do whatever it is that the agreement required of them, like transferring real property, surrendering personal property, or paying a debt. An order for costs requires the breaching person to pay some money toward the cost of the court proceeding.
http://wiki.clicklaw.bc.ca/index.php...perty_and_debt

There's a bit of information there. I would suggest if your lawyer is not answering your questions that you need to be straight with your lawyer and tell them you don't feel they are serving you well with their lack of answers/ info, and if that fails consider another lawyer.
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Old 01-17-2018, 10:54 AM
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Quote:
Originally Posted by arabian View Post
FRO/MEP is the way to go.

You keep on repeating that, despite being corrected.


FRO can only collect on cost orders if the judge specifically designates the costs as being related support (specifically, a support recipient). FRO can't do crap all for equalization.


Maybe MEP is different.
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