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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96413
Experience:  Lawyer
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CAN A WRIT OF POSSESSION STILL BE ENFORCED IF PAYMENTS HAVE

Customer Question

CAN A WRIT OF POSSESSION STILL BE ENFORCED IF PAYMENTS HAVE BEEN MADE ON AN AGREEMENT NOT TO ENFORCE/
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I am in Ontario Canada. Can you help ?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Just that the person is using this Writ of possession to obtain payment on a verbal agreement, but does want to confirm it in writing.
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Is there a written agreement?

Customer: replied 4 months ago.
No but I hope to get one!
Expert:  Legal Ease replied 4 months ago.

If you have an agreement neither party can breach it so if that agreement is signed you will be OK.

Does that answer your question?

Customer: replied 4 months ago.
My question really is, if the party is accepting payments intended to pay down the face of the writ, does it alter the writ as it was endorsed by the judge? If so, can he still enforce the writ without going back to court?
Expert:  Legal Ease replied 4 months ago.

If the party agrees to accept payments and agrees not to enforce the writ and then tries to the court will enforce the agreement and not allow the writ to be enforced.

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