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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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Can a federal LIRA be unlocked or seized to satisfy support

Customer Question

Can a federal LIRA be unlocked or seized to satisfy support arrears by a provincial enforcement body such as MEP? If so, whom should the demand go to (Dept of Justice - Federal)?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Tom B. replied 2 years ago.
HelloWhat do you mean by a federal LIRA? Is it held by the federal government?
Customer: replied 2 years ago.
It is self managed by me now after I left my job 7 years ago and withdrew the funds to be deposited into my own account in an Alberta institution
Customer: replied 2 years ago.
So the concern is a provincial enforcement body seems to think they have no jurisdiction when pension monies were transferred out of a federally regulated employer into a self managed LIRA in Alberta
Expert:  Tom B. replied 2 years ago.
Then it can be seized by MEP. Here is a brief essay on what they can do and how they can do it.... issue a Writ of seizure and serve it on the financial institution. Look in the paragraph about Personal Property registry. Now, depending on how the LIRA is worded, they may not be able to realize on the amount. They can only seize what you have. I know of no ability to force a financial institution to break contractual terms in order to pay out prior to when the recipient can get funds. Sorry for the news but I hope I have assisted. Please ask if you need more information.Sincerely,Tom
Customer: replied 2 years ago.
No the news is good. I just need to help my children and ex wife out as my current employment situation is putting some strain on maintenance and I have this asset that we can use.Thank you for your help. MEP does appear to be underqualified and illinformed at times in appropriate execution of arrears.Is it a federal or provincial writ they serve onto the securities institution?
Expert:  Tom B. replied 2 years ago.
It is just provincial under the MEP powers and that of the court. I admit I am in BC but there is a similar process here and the enforcement people seize assets all the time. It sounds as though people are dealing with a case worker and not an MEP lawyer who would probably jump all over. The document I sent you seems pretty clear.Tom
Expert:  Tom B. replied 2 years ago.
Do you need more from me?
Expert:  Tom B. replied 2 years ago.
Will you now rate my answer?

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