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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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Hello I am worker in alberta. I run my own hours, run the

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I am worker in alberta. I run my own hours, run the projects my way based on experience. Take care of all my own income tax, gst and such.
I have recently terminated my contract cause my client failed to pay an invoice. Now I did receive payment after the agreed date.

My client did direct deposits. After I gave my notice they went back and took the money from my last invoice ( the one that was paid outside of out contract agreement) out of my companies account. There reason is cause I have some equipment and files of theirs.

Can the actually do this?

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

How much did they take?

Debra Thal :

How were they able to do that?

Debra Thal :

Why aren't you giving them back their files and equipment?

Customer: They took $20900
Customer: There files are being couried to them
Customer: From my understanding is that after a direct deposit there is a certain time period to allow for corrections
Debra Thal :

Did you speak to the bank?

And are they saying they will pay you as soon as they get these items back?

Customer: They have not told me that I will be paid once they receive their stuff
Customer: Yes I did speak to the bank and they said there is nothing the can do
Debra Thal :

What I suggest you do is send them a letter by Registered Mail.

Give them a deadline to pay you back.

Debra Thal :

Tell them if they fail to comply you will commence legal proceedings.

Debra Thal :

And say that if you need to do that you will then claim interest and your costs.

Customer: One item of theirs my client is arranging for pick up
Debra Thal :

You can sue for up to $25,000 in Small Claims Court and can self-represent.

Debra Thal :

Why not tell them you are couriering the files and want the cheque when they take the item.

Customer: I have told them the items are being couried
Customer: The one remaining item is a truck that they are arranging for pick up and are not sure when they can pick it up
Debra Thal :

Or why not say in the letter that you want them to take the truck by a deadline, say this weekend, and you want the cheque then?

Debra Thal :

Then if they don't give you the money you can sue.

Customer: If it were to go to court is this something I can win?
Debra Thal :

Of course.

Debra Thal :

They owe you the money.

Debra Thal :

There is no reason why you would not win.

Customer: is there anything on the grounds of them taking the money back from my account? Is that even legal?
Debra Thal :

I don't think it is legal.

Customer: How can I find that out?
Debra Thal :

But if the bank says there is nothing to do then I don't think that you can succeed in having him charged.

Debra Thal :

You can call the police and ask.

Debra Thal :

The fact is that one has to sue, get a Judgment and then seek to have the Judgment enforced.

Debra Thal :

For some odd reason they were able to take money out of your account.

Debra Thal :

They were not authorized to do that.

Debra Thal :

I believe it's theft.

Debra Thal :

But it concerns me that the bank seems to think it's fine.

Customer: I think they used a loop hole in the system
Customer: Me too
Debra Thal :

Why not call the police and see what they think?

Debra Thal :

And if you don't get the money back by the weekend start a claim on Monday?

Customer: I will look into that
Debra Thal :

I am sorry this happened to you.

Debra Thal :

It seems very strange to me.

Customer: I would have been more understanding if they had been upfront about it
Customer: Thankyou
Debra Thal :

Yes that makes sense.

Debra Thal :

You are very welcome.

Customer: Can you recommend a good lawyer in calgary for this
Debra Thal :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Debra Thal :

Let me find you the phone number.

Customer: Thank you very much
Debra Thal :

The number is:

403-228-1722 in Calgary

Customer: thank you
Debra Thal :

You are welcome.

Debra and other Canada Law Specialists are ready to help you