Can I file a lien against a home in Ontario while living in Alberta? This is for the non payment of a loan. The loan was arranged in Alberta but that subject owns property in Hamilton. What would I have to do file a claim, if I could do so? Can I do a property search on an Ontario property from Alberta?
Province/Territory relating to question: Ontario
I loaned a person 50.000 dollars. The person has defaulted on the payments and the only asset he has is a house in Hamilton, Ontario. His estranged wife lives in the home, but it is still jointly owned. Can I make a claim and place a lien on the home?
You can register a lien on title once you get a Judgment.
If you sue him in Alberta you can register the Alberta judgment with the Court in Ontario and then you can seek to enforce it against his assets.
You can garnish wages, seize asses, register liens etc.
Garnishing his wages is not an option at this point as he is not working. When you say, seek to enforce, what does that mean>
What you do in Ontario is you take the Order and register it at the Sheriff's office.Then you tell the sheriff to seize a bank account, register a lien, seize a car etc.
And if you don't know where his assets are you can compel him to attend Court and cross-examine him on the assets.
Can I do a property search for the exact legal description from Alberta? I do know where the assets are as he only has one...the home....his estanged wife is still living in the home.
Yes you can.
This can be done online .
Let me see if I can find the information for you.
Thanks.....I would have to hire someone in Ontario to deal with the sheriffs' office. How do I find the sheriffs? Are they a privately run company?
I am still looking for the information you need.
You can hire a paralegal to do all this for you.
You could send them the Judgment, give them the address to search for, attend at the sheriff's office.
I think that makes the most sense.
The sheriff's office is at the courthouses and is part of the government.
In Ontario paralegals are licenced and regulated by the law society.
I think that's the best idea by far for you.
So just so I am clear....I would file a claim in civil court in Alberta. Once I get a claim, I contact someone in Ontario, likely in the Sheriff's office and have them attend the address and notify the wife of the lien against the property. I would serve the fellow here or I believe I could serve each by using registered mail....Does this make sense?
You would file the claim and then get a Judgment.
It's suing him.
Then once you get the Judgment you can hire a paralegal do to the rest.
you ca hire the paralegal to sue him in Ontario and then enforce the Judgment in Ontario in the regular way.
That would be easier.
Okay....I missed that step.
Okay this will be less difficult than I expected. Thank you so much. I can come back for more information is I need the help. I was just not certain how to do this from Alberta. Were you able to find the document I would use to do the search for the legal description of the property?
It's going to cost more than you need to pay if you are going to use a paralegal as they will have an account. You have to pay to become a member of the service so forget that.
And keep my name in case you need me again.
So forget using the paralegals?
My best bet is to contact the court house and deal with the Sheriffs.
use the paralegal for all aspects.
I meant don't do the search as the paralegal can do it for much less money if you use a paralegal for all of this.
Okay....once I get the Alberta part done, including the judgment, I would hire a paralegal to do all of the Ontario portion....now do they work in the court house or are they private operators?
They are private.
Okay....I can simply google some sites and find one to do the job.
You can sue in Alberta and then send the Judgment to a paralegal whom you will need to retain or you can retain the paralegal to sue for you in Ontario.
Okay....I think this sinking in...probably better to hire someone in Hamilton to get it done.
I think that's best
Think that is likely all that I need to know at this point. Thank you Debra and if I use this service again, I will ask for you. You've been a great help.
You are very welcome.