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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99445
Experience:  Lawyer
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Can an account be frozen in a dispute between 2 parties? How

Customer Question

Can an account be frozen in a dispute between 2 parties?
How quickly can this be done by a lawyer ?
If I pay a lawyer a retainer out of the account to defend an action, can those funds be pulled back and frozen ?
To vacate a freeze is the amount frozen doubled ?
Can an account receiving (modest - under 2000) Pension an RIIF funds be frozen ? or is that immune?
Is there a minimum amount that cannot be seized (to provide for basic needs) ?
ThanksJack
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: am in Ontario Canada
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Canada Law
Expert:  Debra replied 7 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 7 months ago.

I am sorry to hear that you are in this difficult situation.

If the dispute over this account?

Customer: replied 7 months ago.
No it is over some funds in the account but not the whole sum....the account is only in my name!
Expert:  Debra replied 7 months ago.

If there is a dispute about money then the only time this account could be frozen is if someone gets an injunction freezing all assets.

If the dispute is specifically about money in a specific account then it may be possible to get an order freezing that account.

But it would have to be shown that there is a serious risk of your taking off with the money before a court would order that.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
hey there.Where are you ????
Expert:  Debra replied 7 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

I am here but can only continue online.

Customer: replied 7 months ago.
OK.....So how long to get an injunction to freeze the acct....approx....assume I am a risk....the lawyer certainly would
Customer: replied 7 months ago.
If I pay a lawyer a retainer out of the account to defend an action, can those funds be pulled back and frozen ?To vacate a freeze is the amount frozen doubled ?Can an account receiving (modest -under 2000) Pension an RIIF funds be frozen ? or is that immune?Is there a minimum amount that cannot be seized (to provide for basic needs) ?Thanks
Customer: replied 7 months ago.
Are lawyers retainers immune ???
Customer: replied 7 months ago.
Hello ???I need help out here.....had been waiting for a call ???? Problem is that no Phone calls....is not stated about Canada !!
Customer: replied 7 months ago.
Sorry about earlier as some one called and I had to answer....then I waited forever for a call....so allover it's akward....sure would appreciate some connectivity....can you advise me at all ??? as I am not your client true so how can you do that on a Web Site.
Expert:  Debra replied 7 months ago.

I don't know what the site tells you the calls. I don't work for the site. I am a practicing lawyer. I log into the site and I see a list of questions and choose which to answer base on my expertise.

But as well I am not sitting at a call centre so I am available all the time. I am at home as it is a Saturday.

I answered you within one minute initially. Then we went up and back again. I suppose at some point you asked for a call. I only knew you were waiting for me wen you posted asking where I was.

I am here now but this is not an instant chat, there are plenty of customers waiting and on top of that I am a single parent of 4 kids all of whom are sick right now. So I am doing my best.

If there is a danger of irreparable harm your lawyer could get into a judge on Monday. That is how emergency injunctions are obtained.

The lawyers account would not be frozen.

This is not about seizing but about freezing. If there is a judgment later on then all the money could be seized to satisfy the judgment.

RRSPs and RIFFs cannot be seized.

There is no such thing as vacating the freeze. It has to be lifted by the court either on consent or pursuant to a court order.

I am not advising you. I am providing you with legal information.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 7 months ago.
No it does not.....you are making a whole bunch of assumptions.....my questions are clear and you are not answering them at all....are you reading them ?
Why am I paying you for this ?.....I didn't ask for some one who is too busy babysitting to properly read and answer simply.
Like are Lawyer's retainers immune from being pulled back and then Froze ???
And I do know the difference between Freezing and seizing !
I am not an idiot !
I am not talking about RRSP's being frozen....I am talking about Pensions and RIF's which is the payout portion !
Also is ther a limit on the amountor if an account only contains say 2000 or 2500 can that be frozen ?
I am not talking about a lawyer's account I am talking about My Account being exposed !
To vacate a freeze is the amount in contention doubled ?
Expert:  Debra replied 7 months ago.

I said that the lawyer's account could not be frozen.

No retirement pensions can ever be seized or garnished. There are exempted from these types of action. This is true of RRSPs, RIFs, OAS, CPP retirement pensions etc. They cannot be frozen.

If the lawyer has your retainer in trust it cannot be frozen or seized.

I already said that the freeze cannot be vacated unless it is by consent or a court order. I have never heard of a court saying that it can be vacated by paying double but if there is a specific amount in dispute the freeze could be lifted if that amount is paid into court.

Customer: replied 7 months ago.
I don't think you know what you are talking about !
In Lien actions a lien placed against a property can be vacated by paying double.....as the doubled amount is then put in trust until the lien action can be dealt with separately so if an account containing 1,000,000 with only 10,000 in dispute there has to be a reasonable mechanism to unfreeze the moneies such as putting the double the amount in trust so the remaining 990,000 can be used.
I do not want to pay you as obviously this is not your area of expertise as you have not answered anything and keep making assumptions.....I certainly will not give youy anything but a -5.....
I sympathize that you are dealing with 5 sick kids but your answers are not cogent and you should not be doing this if you cannot do so properly.
Expert:  Debra replied 7 months ago.

I am a senior lawyer. I've been a lawyer since 1985. It is dangerous for a layperson to think they know more than a lawyer. The Internet sometimes causes real problems for laypeople who are struggling to understand the law.

Your questions were not clear and show a lack of basic understanding of the issues. That is fine as you are not a lawyer but to think you know more is going to harm you. I don't know why you posted this question and wanted a lawyer to answer if you are so sure you understand the issues.

Good luck.

Customer: replied 7 months ago.
Bullshit.....my queries are clear and simple.....your answers are mudddled and a bunch of crap.....you are the one doing the damage....because I do know enough about law to know that you are not reading and answering clearly. I am going to complain as you certantly should not be giving answers that are non-answers and/or totally misguided and inaccurate.

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