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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96464
Experience:  Lawyer
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I have been served by a bailiff representing CRA to take and

Customer Question

Hi I have been served by a bailiff representing CRA to take and auction my possessions. I have been making attempts to pay them. But not fast enough it appears. Am I entitled to keep my personal house hold items, tools of the trade and one vehicle. If so what are considered tools of the trade and how are the items values determined. The bailiff has not offered me exemptions on tools and vehicle and given me much higher numbers to redeem the items than I know they will sell for at auction, making it impossible to get the money and unnecessarily forcing collection and sale costs. Is this legal? Thank you. Gebhard
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Why tools do you wish to keep?

Customer: replied 1 year ago.
Basic tool chest with cheap hand tools. Older used home shop welder, (worth a few hundred dollars) older Sears drill press ($120 cost new), Sears compressor worn out (got it free), 40 year old lathe ( bought for $400 15 years ago. And my vehicle older jeep not running. (Probably would sell at auction for a few thousand dollars?)
Customer: replied 1 year ago.
They also took 2 vehicles (worth $25-30K) that I used as security for a $25k loan a couple of years ago. The lender registered lien on them. They said they don't care about the lien and will force me to spend $20k in legal fees and are racking up storage fees in the interim.
Expert:  Legal Ease replied 1 year ago.

Are you saying the actually took these used tools?

Customer: replied 1 year ago.
They took the jeep from my garage and said they are coming today or tomorrow for the tools. They also took the two liened vehicles. And have left the other items in my storage facility under my direction to store and with the lock rekeyed
Expert:  Legal Ease replied 1 year ago.

I cannot see why they would consider taking old tools. I wonder if that was an empty threat?

It makes sense that the took the jeep.

They don't care about the liens but the lienholders could get their money first, before the CRA got any of theirs.

At this point I don't see how you can stop them from taking the tools if they insist.

You would need a court order.

You can try calling the CRA and speak to the person you may have been dealing with before and ask why they would take tools that likely cannot even be resold but that you need to earn your living.

Customer: replied 1 year ago.
I don't understand. If the exemptions to meet basic needs are $4000 for furniture and personal items. And the exemption for a personal vehicle is $5000 and the exemption for tools and personal items used for work are $10,000. Why can they take the jeep and tools. And why would I have to argue to to have them return something that they weren't allowed to take in the first place?
Expert:  Legal Ease replied 1 year ago.

I'm going to opt out and then another expert take over.

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