Ask a Canada Law Question, Get an Answer ASAP!
Hello, thank you for the question.
I see that you requested LegalEase for your expert, who is apparently not around at the moment. Would you like to wait or discuss your matter with me?
That's fine. Can you tell me a little more about your relationship with your ex? If you two lived together when the debt was incurred then this is arguably a family law issue rather than a debt collection issue.
I get concerned because if you bring an action against him in small claims court, he could claim that you were living together and thus the family court should have jurisdiction.
Do you have any children together? Was he getting his mail delivered to your place? Could he claim that he was residing at your place with you in a spousal relationship?
I understand. But I'm trying to determine which court this should be heard in.
Do you have any children together?
Was he getting his mail delivered to your place? Or anything else to prove that you were living together as spouses?
Perhaps you filed income tax returns as a couple?
OK, thank you for that. It simplifies the issue.
How old is the document that he signed which acknowledges the debt? When did he sign that?
I see. You have an acknowledgement of indebtedness that is less than two years old. So I recommend that you go to your nearest courthouse and ask about bring a Small Claims Court action. It's relatively simple. And in your claim you can correct the error about whether it's 2014 or 2015 on the signed document, that won't hurt you.
You asked initially whether you can put a lien on his property first. The short answer is that you can't do the lien first. A lien is a court order that allows you to attach his debt to you on property that he owns. First you need judgement in your favour. A lien is an enforcement measure regarding a judgement that has already been made. Does that make sense?
To answer your question about whether a lien can come first, no. A lien on property is an enforcement measure for when you already have judgement. Generally. There are exceptions which don't apply here.
Is there anything else about this subject to discuss? If so then please reply to me. If not, then I'll ask you to please rate the service positively. That's how I get credit from the site for helping you with your matter.
I'm just checking in to see if we're done with your matter. I'm sure that that the site has been pestering you, I have no control over that I'm afraid.