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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My mother is in a divorce last year. I forwarded her $35,000

Customer Question

My mother is in a divorce for the last year. I forwarded her $35,000 which she said she would pay me back but hasn't. Our relationship is strained (for one reason she is bipolar and not following treatment she agreed to).
In her divorce she should obtain a fair amount and I simply want to be paid back.
She is a Quebec resident but has fled to the USA (she is bipolar and likely trying to avoid hospitalization).
What are the best steps to reclaim my money owed?
Thank You!
Submitted: 3 months ago.
Category: Canada Law
Customer: replied 3 months ago.
What are the legal steps to take to reclaim the money?
Can I request an advance from my stepfather (he ex-husband to be) who would settle with her as these are binding debts? I had lent her the money at the start when he deposited the request for divorce and cut her off of money. She had no other ways to obtain money.
When I had lent her the money she was clear minded (it is recent that her bipolar manic state is intense and she has been out of control spending wise so I just need her debt towards me settled as do not wish for things to be at my expense.
Expert:  Legal Ease replied 3 months ago.

Can you locate her?

Customer: replied 3 months ago.
She is currently in Vermont.
Customer: replied 3 months ago.
I had called crisis lines as she recently crashed her car and was worried for her health and safety (and of citizens). She took a line of credit for $30,000 that she spent instantly (deposit on a home, random flights, expensive meals and hotels, and has not repaid debts. I am wanting what was said to be repaid by January and has not been at all.
Expert:  Legal Ease replied 3 months ago.

Are you saying that she owns a house in Vermont?

Customer: replied 3 months ago.
No. She is in a manic phase as was in the hospital in Canada and has left Canada "to be free".She had put a deposit on a whim for a place in vermont. Not sure if still holds up or she cancelled as changes her mind often in manic phases.
Expert:  Legal Ease replied 3 months ago.

You would have to sue your mother in Quebec. Because of the amount involved you would have to sue her in Superior Court. You would first have to have her served.

If she ignores the claim you could note her in default and then you would have a judgment against her.

Then you could seize assets that she owns and that is when you would be able to seize assets that your step father is owes her.

If you ask him for the money now he will likely say no because he will not want your mother to come after him for that money.

Does that help as a starting point?

Customer: replied 3 months ago.
Superior Court is only for amounts over 85,000$ so I am actually not satisfied as your answer is not correct. It is civil court where this needs to take place (over 15,000$ but below $85,000).
For this reason I will have to ask for a refund of services as it is not detailed enough or correct.
Thank you for your efforts anyways.

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