Fro and garnishee ?

[lplp]

Well just got a letter from fro and they sent info in to my pension that i receive to deduct ss .

some how she got a settlement of 825 a month ss and i have the kids?
My last lawyer died and she went to court without my knowledge and had this judgement against me.
So once i found out about my lawyer being dead and a couple of days later getting a judgemnetn against me ,I got a new lawyer ,he got a motion in to find out abut this ,and now i get this letter from fro ,, .

I have the kids and have been supporting them without any help, how a judge can give ss to someone without being represented (myself)or even being there and not even knowing of this court day and not even knowing the situation ,blows my mind away.

I am on pension and struggle monthly to make end s meet ,I make sure the kids have what they need and go without for myself always.I do odd jobs to make ends meet and will do whatever i have to make sure there is food on the table each and every day .I am not proud anymore and will work for whatever is being paid to me and make the best of it.

Sorry this is just a rant on the judges in this system that need to take a realatity check on peoples situations and it is not always about the women ,I always thought it was about the kids in courts.. I guess i was wrong.

[arabian]

I hope your lawyer can quickly get in front of a judge and ask for a stay on the SS garnishee. Even after that it can take up to a month to have it reversed as we all know how quickly government offices do things.

I don't know how your ex could have gotten a judgement without your knowledge. Was there any time when your ex, or her lawyer, couldn't get in contact with you?

I could be incorrect but I thought garnishee of pension was only for people who were in arrears. Did your ex get the SS retroactive?

[BitHunter]

Hi,
Ask for child support. That's quick and easy, on the first motion date the judge is going to make a temporary order. That would give you some time to fix the mess caused by your lawyer's deaths.

[lplp]

Well the judgement was made for aug 1 ,court date was july 30 ,and no one contacted me on this .
She is self represented and her lawyer was still on docet as of that date ,I am trying to say why i was not notified of date and if her lawyer knew of my lawyer being dead.
Court was not known of this of july 30 ,but last time only.

I find this underhanded on her lawyers part and pulled a fast one .

She went self represented on july 30.

We have a tempory order but not sure what it involves,i keep on getting these things from fro and demanding of payment .
I have a call in to lawyer but not responding ,as of yet .

Left a message with fro about in courts and kind of left a nasty message saying ,mortgage will bounce ,i am looking after kids and dont know how a judgement was made against me under these circumstances ,me with the kids and having a roof over there heads.

I told lawyer that i need child suppport now.
She is not working after almost 2 years of graduating from a college degree.
Asking to have her wage imputed from day of sepration .Low at 18 an hour but up to 25 ,she graduated with honours .

She is living rent free at parents ,her choice .I was the one that took the kids to a place to be home .

I still cant believe a judge to do that.I would be better off to be a real criminal and get free lawyers instead of looking after my children.. !!!

[blinkandimgone]

Did she file proof of service?

[arabian]

blink is right on the money here

If there is no proof of service they shouldn't be able to enforce the order

[lplp]

How do you mean proof of service ? The court date that the judge gave her the ss . I f so I was not aware of this court date ,her lawyer tried to contact mine appartantly and found out he was dead ,but did not let me know .I did not even know of this court action until it was mailed to me by regular mail ,and i didnt find out about my lawyer beind dead until law society of canada emailed me to get my files ,all in same week of that trial . This last time we went to court ,the judge was aware of my lawyer being dead in court ,and gave my lawyer time to go over case ,he was suppose to go sept 12 but said he was going to delay this again .I havent heard from him ,I do have a call in to him ,.I am not sure if it is a garnishee as of yet ,but my company has been sent papers from fro and the amount ,it says I owe 825 starting oct 1 .so maybe it is not a garnishee.
The 825 was suppose to start aug 1 .according to this letter that was mailed to me.
I still cant believe this judge ,my new lawyer has police reports from the past now ,childrens aid letters and the my consent letter for them to ask about the past and why childrens aid was involved.
I also am asking for child suppprt now .
She might see the kids once every 2 weeks and there has never been an overnight visit at all since we seperated over a year and half ago.

I would really love to fight this to the max but I cant afford to waste money on a lawyer like this ,.

Also I had my first lawyer (this was even before my dead lawyer ,he couldnt continue with case and i was handed off to my dead guy)make an seperation agreement but she refused to sign it,My new lawyer also has that .
Also my dead lawyer did not really do anything after the first court ,and i nver heard from him again..

[standing on the sidelines]

first off its not up to her lawyer to notify you that yours is dead. That was up to your lawyers office.

From the way you worded it you currently have another lawyer working on your case. You are putting lots of irrelevant facts into your posts. You are fighting to stop the SS and to get CS. Family services has nothing to do with that so why would your lawyer need to talk to them. That will only run up your legal bills. It doesnt seem that custody is the issue here so focus on the two things that are pressing.

if fro sent your pension plan papers with an amount and date then IMHO it is a garnishee order so be prepared for that. They wouldnt just send it for no reason.

[OrleansLawyer]

If there is no proof of service they shouldn't be able to enforce the order

FRO won't care. They enforce Orders; if the judge made the Order, that is enough for them.

You are putting lots of irrelevant facts into your posts.

I agree.

you currently have another lawyer working on your case.

Why not
- letter to ex requesting interim w/o prejudice pause on support, or urgent motion to address the issue?

[lplp]

Letter to ex requesting interim w o prejudice pause on suppport.

Nope cant see that happening on her part .

There is a motion ,ongoing now, if i am correct ,but i am still getting things from this fro office, I have a call in and telling them that mortgage will bounce ,if they take all of it, been a full day now not hearing from them.
I realize fro is the agency to collect ,but this is prejudice on the judges part .

Even when I dealt with childrens aid ,you could see that there was no help from them ,but if i did what she did ,i would be in jail ,I had to take my youngest out of house for her safety on childrens aid request ,and they still did nothing .

I am venting and worrying ,be kind.

[arabian]

OrleansLawyer has given you good, free advice. Don't be 'tarded - be gracious and accept it.

It certainly wouldn't hurt to send your ex an email with your request. You would then be able to use the same email in the future to show you tried to reason with your ex.

[lplp]

Yes I agree about the email ,thanks ,it will get trashed but i will save it ,maybe add a few extra suggestions in like ,seeing the kids on a regular basis .

[arabian]

There you go! Strategic thinking never hurt anyone. In the long run it's best to try to resolve issues before going to court if you can. If you can agree on things it saves a ton of money in the end. Sometimes we have to swallow our anger and instead appear to be reasonable. Best actor wins.

[standing on the sidelines]

Yes I agree about the email ,thanks ,it will get trashed but i will save it ,maybe add a few extra suggestions in like ,seeing the kids on a regular basis .

you seem to be all over the place with your posts, I get that you are worried and have a right to be. I would suggest that before you send anything to you ex that maybe you should get someone else to read it over. They may be able to help you with wording etc so it sounds better.

FRO doesnt care if your mortgage bounces, they care about fulfilling a court order. I would talk to your bank and see if they offer a "mortgage holiday" where you only pay the interest or something. Better to try and work something out with them before you miss a payment, they may be more willing to work with you.

[lplp]

Yes ,I am all over the place,I am having a hard time dealing with this.
I have a friend that helps me out on letters of such ,she always deletes my anger parts and puts the points down only .
Yes I am worried about mortgage bouncing this month and going to bank to see about something ,but my mortgage is not with my bank but i do have quite a bit of equitity in here ,as i bought a power of sale and put a large chunk down ,and these places are selling for 50 grand over what i paid now .So this helps me .
Best actor wins for sure,when she came into court for the motion ,she looked helpless and lost ,judge seemed to feel sorry for her on every thing she was saying and helped her it seemed .I saw her at gas station one time from behind and was checking her out thinking ,heh look at that girl ,realized it was my ex ,felt embarassed and left without getting gas .
Part that makes me mad the most besides the ss ,is the fact that nothing was said about me looking after kids on full time basis ,so this is what i am going after now ,nice guys finish last i guess.
thanks.