I have a contract that settled before court. I was to be paid back in a three year period. The person who owes me money has exceeded the time limit without having paid me in full as per our agreement. He is now still paying me month;y installment in small increments that do not pay my interest rates. How can I compel him to pay me in full? How can i have the law compel him to pay me on time and in greater sums, or garnish his wage , or seize his assets, knowing he hides much of this. Can I charge interest in the amounts being paid after the deadline of our agreement? How much? This person was charged with 3 million worth of fraud in 2001 and knows how to cover his tracks, please help me. XXXXXXXX@XXXXXX.XXX
State/Country relating to question: Canada
I am broke and cannot afford legal help. At the time of the settlement my brother's friend charged me a nominal fee to process all the paper work and negotiate the terms of our settlement. since then I cannot afford to even consult with a lawyer.
He was to pay me a minimum of $125 of month for three years. That ended 2 years ago, and now he pay me $200 a month but I have dealt with 4 bounced checks so far and always have to pester him to honour paying me on time.
He pays me with checks in his mothers name.
He owns his own business that does god knows what and i don;t have info on.
You will need to sue this person by issuing a Statement of Claim with the court. If you win at trial, you will obtain a judgment. A judgment can be enforced through such steps as seizing assets, or garnisheeing wages.
Interest can be charged in accordance with your province's pre-judgment interest rate. This information is available from the court.For example, it is currently 0.8% in Ontario.
You may want to start by retaining a civil litigation lawyer to consult about your claim and sending a demand letter threatening to sue. Your provincial or territorial law society's lawyer referral service can provide you with names of local civil litigation lawyers.
How do I issue a stae of claim on my own?Do I have to have a lawyer to pursue this further? ( I am toatlly broke)Can I start charging interest from the beginning of the settlement, or do I calculate on "Late" payment interest from when the total amount was supposed to be fully paid?Is it neccessary to inform this guy of my intent to sue or can I just serve him, as he is technically in breach of our original contract?
A Statement of Claim is issued by the court and you have to pay an issuance fee.
You do not need to retain a lawyer ; however, it is quite likely that as a trained advocate a lawyer will be able to deliver better results for you than self-representation.
It is best to send a fresh demand for payment either through you or your lawyer.
Interest would be charged from the settlement 's first default.