User CP
New posts
Advertising
|
||||||
| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
 |
|
|
Thread Tools |
|
#1
01-25-2015, 02:07 PM
|
|||
|
|||
Cost award payment NSF - can motion request still be stricken
At recent motion, judge was asked to strike motion of opposing party, since cost award remained outstanding for 8 months. Response was: if opposing party makes outstanding cost award payment now, the motion could be heard.
Opposing party made cost award payment (cheque passed to me); then judge heard motion and made ruling. This cheque was just declared NSF by my financial institution. Question: what is my recourse to: a. appeal the ruling, since the cost award was not in fact paid (therefore: the motion should NOT have proceeded) b. order for security for costs [FLR 24 (13)] I could find no reference to this issue by searching posts. Appreciate your insight! 
|
|
#2
01-25-2015, 10:07 PM
|
|||
|
|||
|
I would go with A. The other party tricked the judge as well as you
|
|
#3
01-26-2015, 11:18 AM
|
|||
|
|||
|
Cannot only appeal if there was an err in law? Clearly the ex pulled a fast one but that doesn't give grounds for an appeal if the judge followed the law.
Lesson learned... get a certified cheque next time. did his motion cause you to lose something that you now want to undo?
|
|
#4
01-26-2015, 11:36 AM
|
|||
|
|||
|
Quote:
I think the ruling was not in the OP's favor otherwise they wouldn't want to void it.
|
|
#5
01-26-2015, 01:06 PM
|
|||
|
|||
|
Quote:
|
|
#6
01-26-2015, 01:09 PM
|
|||
|
|||
|
Quote:
|
|
#7
01-26-2015, 01:43 PM
|
|||
|
|||
|
If you haven't contacted him to replace the NSF cheque, you can file a criminal charge with the police. If you did contact him, that means you are offering him terms and a chance to pay. Good Luck.
|
|
#8
01-26-2015, 03:19 PM
|
|||
|
|||
|
Criminal charges for a NSF cheque? Are you kiddin' us? Half Canada would be in jail by now.
|
|
#9
01-26-2015, 03:22 PM
|
|||
|
|||
|
you have to go to the police station and they will ask if you have contacted the person to replace the cheque...if not they will lay charges...when it goes to court usually if the person pays up either before or that day charges will be dropped...but very effective way....however if you contact the person you are in fact giving them terms. Having a business for years we learned this early on.
|
|
#10
01-26-2015, 03:56 PM
|
|||
|
|||
|
Correct if the cheque was written without funds in the bank to cover it is fraud.
My father is a contractor...had a client charged this fall due to 2 bounced cheques. (50,000) Police are charging client due to fact that he knew there was no funds in the account at the time the cheque was written. Police contacted bank and found out that this was the case. Cheques now should be considered automatic payments, like cash and funds should be in account to cover the cheque.
|
|
«
Previous Thread
|
Next Thread
»
| Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
| Thread Tools | |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Motion re Interim Arrears Support Payment | overwhelmed123 | Divorce & Family Law | 3 | 09-26-2013 08:27 AM |
| can ex force payment of forensic accountant at a motion | Lesley21 | Financial Issues | 3 | 08-22-2010 12:57 PM |
| Receiving cost award from ex | independentgal | Divorce & Family Law | 4 | 05-29-2009 06:16 AM |
| Cost of a motion or a variance | brokendad | Financial Issues | 4 | 04-01-2006 11:21 PM |
| Appropriate Procedure | gooddadgoingmad | Divorce & Family Law | 4 | 02-19-2006 03:44 PM |
All times are GMT -4. The time now is 03:51 AM.