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Daniel Freudman
Daniel Freudman , Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hello.In August my cat was lost for 8 days (turned out

Resolved Question:

Hello. In August my cat was lost for 8 days (turned out my cat was in the neighbours apartment downstairs).


After 8 days the neighbour calls us and asks "Did you lose a cat?"..


Long story short I went and got my cat, I offered her a reward, she said no its okay. Couple weeks later she says the cat made a big mess in her apartment, and she wants me to pay for a new mattress, new blankets, new cushions..


I offered her $150, she said that is not enough. Then I told her, take me to court. She said fine she would.


I am on disability, and my husband is unemployed. Our money comes from the goverment each month. I am in Quebec. What happens if she wins? Can they garnish my disability check?

Submitted: 2 years ago.
Category: Canada Law
Expert:  Daniel Freudman replied 2 years ago.

No, ODSP cannot be garnished.

Things like employment insurance, social assistance and pension payments are exempt from garnishment, even if the funds have been deposited into an account at a financial institution.


Also, I'm assuming the amount of money she is out of pocket is so low that she wouldn't bother with a lawsuit anyway.


Hopefully that is of assistance.


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Customer: replied 2 years ago.

If she does take it to small claims court and wins, will I still have to pay her if I can't afford it?



Expert:  Daniel Freudman replied 2 years ago.

Technically there would be a judgment against you stating that you owe her money. However, as the saying goes, 'you cant draw blood from a stone'. In other words, as is often the case in Small Claims, she'd have no way to actually collect the money from you if you don't have any money other than ODSP.


Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1206
Experience: Lawyer
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