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somebody owe me $45000

 
Sokkalaw's Avatar
  • Answered by:Sokkalaw
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Customer Question

somebody owe me $45000 for the returant i sold to him how can i get the money from him  i have paper agreement with him which was for one year then ask me more time i gave him 6 months nore and he wants more time and i dont have more time plus he dint give me anything at all. so i dont trust him anymore. 

 

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Province/Territory relating to question: Alberta

Already Tried:
nothing i was just asking him to pay me

Submitted: 370 days and 13 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED
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Expert:  Sokkalaw replied370 days and 12 hours ago.

Hello,

You may have to issue a lawsuit unfortunately. If you have security over the restaurant's assets, then you may be able to enforce the security to recover at least some of your money.

You have to keep in mind that generally you only have two years within which to sue after a cause of action arose. So you may need to act immediately if the two year period is about to pass.

You should consult with a lawyer. You can find one by using the Lawyer Referral Service 1-800-661-1095 or (NNN) NNN-NNNNin Calgary .

Hope that helps.

Customer replied370 days and 12 hours ago.

the problem is that he was convicted in a crime (drug traffic)and the resturant was seized and he does not have the resturant anymore cuz he was not able to pay rent cuz of the seizer of the resturant but cops dint have solid proof of that so he was out and he showed me a latter that is not guilty BUT still on some kind of probation which is gona over next year in march or so and then he said hez gona sue them because he lost his resturant of that reason . so what should i do still consider a lawsuit . One more improtant thing i dont have much money to spend as well . but i m agree to give some % of the money if i win .

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Expert:  Sokkalaw replied370 days and 10 hours ago.

If you have security over the restaurant, you will need to find out if it is still enforceable bearing in mind the seizure. It could be that it was seized as it was used for unlawful activities. In that case, you will need a lawyer to ensure that your rights are or can be protected.

If you do not sue him within 2 years after your cause of action arose, then you risk losing the ability to sue him at all.

You can use the referral service that I mentioned about and see if you can find a lawyer willing to work on contingency. You could also bring a Small Claims Court action - many self represented persons do that. However, you would have to abandon all claims over $25,000 because that is the maximum that the Small Claims Court can award.

 
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