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How do you collect money owed?

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  • 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?

  • #2
    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.


    • #3
      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. That’s why I’m asking for the specifics of how to do this .

      For example. Let’s 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 A’s 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, 11:09 PM.


      • #4
        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.


        • #5
          Here is a case for you to ponder. Took MANY years.

          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.


          • #6
            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 doesn’t 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 don’t know what those steps are therefor I’m 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 won’t 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, 11:50 PM.


            • #7
              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.


              • #8
                FRO/MEP only collect cs, ss and s7. It’s up to you to collect your settlement. FRO/MEP won’t collect it. They also don’t 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 don’t think you even need a court order to register a lien as unscrupulous Contractors register liens all the time on people’s houses without them knowing. What I’m asking is how do you go about collecting the remaining money that FRO/MEP will not collect for you?


                • #9
                  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.

                  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.


                  • #10
                    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.


                    • #11
                      Originally posted by Stillbreathing View Post
                      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?
                      Costs are hard to collect. Take it from WorkingDad who has piled up costs orders from 2011 that have never been paid and probably will never be paid.

                      For example:

                      [1] Is it “in the best interests of the child” that costs orders have teeth?

                      [2] Clearly, finances are unrelated to parenting skills. And where children are involved we often bend the rules to make sure the right thing happens.

                      [3] But how many times can an impecunious parent play the “inability to pay” card to flaunt the system?

                      [4] Who gets hurt when costs orders mean nothing?

                      [5] The “successful” parent?

                      [6] Our overburdened court system?

                      [7] The child?

                      [8] All of the above?

                      [9] These were some of the issues on this motion for security for costs in this high conflict custody/access file.
                      At best you can get an order for security for costs before proceeding. In that matter, Justice Pazaratz set it at 2,000 which the other party paid to move the matter forward. At the end of that 3rd trial, the justice set the security at 9,000 and again ordered costs.

                      The 9,000 has way more teeth than the 2,000 had. But, it doesn't reflect the outstanding 40,000ish in costs!

                      Good luck recovering costs if the other party has no assets really to speak of. The only teeth you really have are for costs is having the other party blocked from proceeding with anything before the court without making a security deposit. (See case law provided.)

                      Unless the judge specifically identifies a portion of the costs in the matter were for determining support and explicitly provide a direction that FRO is to enforce that portion of costs... It's really a number on paper. Especially if you have settled the matter FINAL and no one is going back to court.

                      As for the equalization stuff you need to go back to court and possibly get it clarified for collections. But, that is where you should go to a lawyer to see what can and should be done.

                      Good Luck!


                      • #12
                        I agree with Tayken that you need to go to court (and have a lawyer) and get equalization specifically ruled upon. After that there are many collection agencies you can retain. Consolated Civil Enforcement Canada is but just one in Western Canada - your lawyer would know or can check out online yourself for your area.


                        I had costs rolled into my Divorce Order. However, the costs I have amassed apres Divorce haven't all been added. Costs awards are typically not large in Alberta family court (as compared with Ontario) - they are more symbolic I think. I'd say 70% of my legal costs have not been covered since our divorce 8 which was almost 8 years ago.

                        This is why it sucks big time every time my ex takes me to court. I have, with help from my former lawyer, managed to be successful self-representing. Issues aren't difficult but it is, indeed, annoying and I resent spending any time on it.


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