Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

We live in Toronto. My wife had a line of credit of $30,000,

Customer Question
credit card of $4,500 and...
We live in Toronto. My wife had a line of credit of $30,000, credit card of $4,500 and a savings account overdraft of $700 with a local bank. She had another joint account with me with the same bank with an overdraft facility of $1,500. We were unable to pay all of these loans.

Recently we received notice from the Bank’s lawyer that a Writ of Seizure and Sale against our house and assets has been filed with the Sheriff’s office with 10 days time to make the payment. A copy of the Judgment was attached in which my wife and I are shown as the defendants. It lists 5 amounts to be paid, mentioning specifically that my wife has to pay the first 3 amounts totaling $38,479 (which is the total of the first 3 loans above, plus interest to date, which are solely in her name). The fourth item on the list is $1961.72 (which is the amount of the O/D on the joint account plus interest to date) that both the defendants have to pay. The fifth item is the costs of action amounting to $1609.65 which both the defendants have to pay. Hence, my liability in this Judgment is only to the extent of $3,571.37 ($1961.72 + $1609.65).

We have a house in our joint names on which there are 3 mortgages, leaving very little equity in the house. I also have a 1993 Toyota Camry (valued at $500) and a 2002 Toyota Sienna (valued at $9000). Both these cars are solely in my name. Most of the furniture and appliances in our house were purchased by me. My wife doesn’t have any assets worth mentioning except her joint ownership with me in our home.

Now, my question to you is, if I pay up the $3,571.37 which the Judgment mentions as owing from me, can the Sheriff go after the cars, the appliances and other assets which are solely in my name? Also, after I pay up my part of the liability mentioned in the Judgment, can I prevent them from selling our house at auction, since I am also the joint owner of the house and I don’t want my interest in the house jeopardized by her inability to pay?
Submitted: 8 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 3 hours by:
6/28/2010
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
Verified
The best protection for the home is the fact that there is little equity in it. I would call the lawyer and attempt to negotiate something.

If you pay your part, that will slow them down but they can still proceed by severing your part of the house from hers and then selling the property and taking her share.

Exempt from seizure is $10,000 in household furnishings and $5000 in apparel. I doubt they will go after the cars because they would have to prove she has a beneficial ownership. But, also exempt from seizure if $5000.00 net value of a motor vehicle.

If there is little equity, try and work something out. Also, get a free consultation from a bankruptcy trustee. Ask about making a formal proposal that could get you out of this mess. Do a computer search there is a lot of information on bankruptcy and proposals online.

Good Luck.


Ask Your Own Canada Law Question
Customer reply replied 8 years ago

What is a formal proposal? We don't want to declare ourselves bankrupt because that is a life-time stigma.

 

Can I pay my liability myself along with letters sent to the bank's lawyer and the Sheriff's office that my part of the Judgment liability is discharged and that they have no right to seize my assets? Or should I do it through a lawyer?

 

Besides, are we entitled to get a notice from the Sheriff office before they come to seize the assets?

 

Lastly, I couldn't understand how they could sever my wife's part of the house from mine and sell it? Could a detached home like ours be partitioned? And who would buy the other half? Are you suggesting that they would sell the whole house and take the money owing by her from her share of the proceeds? That would mean displacing me, and I cannot object to it? If the procedures in British Columbia are different from Ontario, I would appreciate if you could consult someone practicing in Toronto and get back to me.

Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Contact a trustee and do it today about what an Ontario proposal means.
Ask Your Own Canada Law Question
Customer reply replied 8 years ago
Relist: Incomplete answer.
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Pardon? I do not understand. I am working for you.
Ask Your Own Canada Law Question
Customer reply replied 8 years ago

Apart from contacting a trustee, I'm sorry you overlooked several questions which I asked. I am repeating them hereinbelow for your ready reference:

 

Can I pay my liability myself by means of a cheque sent with letters to the bank's lawyer and the Sheriff's office that my part of the Judgment liability is discharged and that they have no right to seize my assets? Or should I do it through a lawyer?

 

Besides, are we entitled to get a notice from the Sheriff office before they come to seize the assets?

 

Lastly, I couldn't understand how they could sever my wife's part of the house from mine and sell it? Could a detached home like ours be partitioned? And who would buy the other half? Are you suggesting that they would sell the whole house and take the money owing by her from her share of the proceeds? That would mean displacing me, and I cannot object to it? If the procedures in British Columbia are different from Ontario, I would appreciate if you could consult someone practicing in Toronto and get back to me.

Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,027
Experience: Lawyer
Verified
I am a lawyer in Toronto and can assist you.

You can pay off your loans and you will not be liable for any debt that your spouse has unless you name is XXXXX XXXXX loan as well.

In terms of the house, you can unfortunately be displaced. They can seek the sale of the house and can then claim half of the equity.

You would get a notice from the Sheriff.

If you do not have a lawyer you do not need one for paying off your own debts. You can contact the bank's lawyer and indicate that you wish to pay all debts owed by you at this time.

let me know if I missed anything.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,027
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,027
106,027 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,415 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

106,027 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
MY HUSBAND PASSED IN January. HE TOOK AN INSURANCE OUT FOR
MY HUSBAND PASSED IN January. HE TOOK AN INSURANCE OUT FOR THE OVERDRAFT. HE WAS ENTITLE TO THE DISABILITY PORTION WHICH WAS 3,000 DOLLARS. THE BANK WILL NOT PUT IT IN OUR JOINT ACCOUNT. THE ACCOUNT T… read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
I have a judgement against myself and my company total
I have a judgement against myself and my company for a total debt of $20,000.There are no assests in the company or personally.The debts are for the credit card and line of business overdraft The hous… read more
Tom B.
Tom B.
Barrister & Solicitor
2,415 satisfied customers
Husband recently killed in auto accident. Left behind wife
Husband recently killed in auto accident. Left behind wife and 2 children. No will. House was in joint names and insured. He was self employed (sole proprietor), wife not on bank account. Need to clar… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
The company I work for (located in Oakville, Ontario) has received
The company I work for (located in Oakville, Ontario) has received a judgment (roughly $9,000 CAD) and the defendant (located in Mississauga, Ontario) refuses to co-operate. The defendant purchased it… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I have received a notice from a law firm that they are applying
I have received a notice from a law firm that they are applying for a "writ of sale and seizure" against me for a delinquent credit card. What does this mean… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I have won a judgement in a case but defendant still has not
I have won a judgement in a case but defendant still has not paid. What can be done to retrieve amount set forth by judge. Can there be a cease and disist on the company? Can the corporations bank be … read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
I have lived with my boyfiend since November 09. I own a company
I have lived with my boyfiend since November 09. I own a company and he works as my sales man. I own a house as well. Question: He may have to go bancrupt (there will be income tax debt) can a debtor … read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
in the province of new brunswick . if a person puts his or
in the province of new brunswick . if a person puts his or her inhertiance into the family assets ie paying on a house or into spousal rrsp which is in both members names . Is this money now considere… read more
Harv
Harv
836 satisfied customers
my ex girl friend and i have a joint line of credit together
my ex girl friend and i have a joint line of credit together and she has been the main user when we were together and still uses it is there a way we can close it with out haveing to pay it off first … read more
Tom B.
Tom B.
Barrister & Solicitor
2,415 satisfied customers
I am based in Toronto and had credit cards, lines of credit
I am based in Toronto and had credit cards, lines of credit and overdraft facilities from the Royal Bank of Canada totaling $42,000. Unfortunately, due to the recession, my business suffered and I cou… read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
what happens when a spouse passes away with their credit card
what happens when a spouse passes away with their credit card? Is the remaining spouse responsible for the credit card balance if their name is XXXXX XXXXX the credit card?… read more
Mark MacDonald
Mark MacDonald
Barrister & Solicitor
Bachelor
160 satisfied customers
On February 4, 2010, my husband and I received a default small
On February 4, 2010, my husband and I received a default small claims court judgement against a company and its owner for approximately $6000 CND including pre and post judgement interest. The company… read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
my ex-husband & I owned 2 rental properties that I signed over
my ex-husband & I owned 2 rental properties that I signed over the deeds for, in an exchange to get a downpayment for my own house. Two years later I discovered that my name remains on the mortgage & … read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
what is the best way to handle an soon to be ex wife from virtually
what is the best way to handle an soon to be ex wife from virtually "stealing" funds from a joint bank account, namely a line of credit, and moving the money to another account in her name, and the ot… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
If my wife is successful in winning a civil suit, what are
If my wife is successful in winning a civil suit, what are the ways to recover the amount owed if the defendant decides not to pay? Can the defendant claim bankruptcy? Transfer funds out of the countr… read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
I am living in Oakville. Ont. My wife passed away. I need
I am living in Oakville. Ont. My wife passed away. I need probate for our bank in Denmark to wind up our joint/separate accounts. It is a simply estate. Where do I go, physically, and present our will… read more
LawyerProfessor
LawyerProfessor
Lawyer
Master's Degree
836 satisfied customers
I recently went through a separation.I believe her lawyer has
I recently went through a separation.I believe her lawyer has convinced her to look at the bank accounts we both had.Each had our own account and a joint account.Can my account be frozen?What if i was… read more
Debra
Debra
Lawyer
Doctoral Degree
106,027 satisfied customers
My new wife exhusband and her had a joint bank account when ...
My new wife exhusband and her had a joint bank account when they where married in 2002. She asked the bank to take her name off of it and they would not because he was the primary. She asked him and h… read more
Flagbridge-CDN
Flagbridge-CDN
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x