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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100434
Experience:  Lawyer
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I have been ordered to attend a financial hearing in small

Customer Question

I have been ordered to attend a financial hearing in small claims court. The landlord of the commercial office i was renting sued me for vacating the premises before the end of the lease. The roof was leaking for 8 months before being fixed and i didn't consider it a safe or suitable to conduct business there. My lawyer told me after the court ruled in their favor that he wasn't all that familiar with small claims court proceedings! Needless to say I am not using him for this hearing.
My question is, if I cannot pay the $28,000 they were awarded, can the other side force the sale of my residence if it is in both my wife's and my name? the total equity in the home is approximately $25,000 if that. Personal assets are $5,000 personal property, $1000 cash and a vehicle worth $6,500.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Is this an examination under oath to find out what your assets are?

Customer: replied 2 years ago.
Expert:  Debra replied 2 years ago.

You don't need a lawyer there.

You will have to say where you work, where your assets are etc.

Your wages can be garnished and any assets seized unfortunately.

They can force a sale but that is expensive and they can only get 1/2 of the equity as the other half is your spouse's so it it not likely they will go that far.

Customer: replied 2 years ago.
The hearing is on Sept. 15th. How many days before the 15th do I have to give the other side the completed Form 201?
Expert:  Debra replied 2 years ago.

The rules just say prior to the hearing.

Customer: replied 2 years ago.
if I were to give them a copy the day before the hearing, I would not be in trouble for that?
Expert:  Debra replied 2 years ago.

According to the Rules that would be fine.

Here is the Rule:

Duties of Person to be Examined

(4.1) A person who is served with a notice of examination shall,

(a) inform himself or herself about the matters mentioned in subrule (4) and be prepared to answer questions about them; and

(b) in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and,

(i) serve it on the creditor requesting the examination, but not file it with the court, and

(ii) provide a copy of it to the judge presiding at the examination hearing. O. Reg. 78/06, s. 47 (3); O. Reg. 440/10, s. 6 (1).

(4.2) A debtor required under clause (4.1) (b) to complete a financial information form (Form 20I) shall bring such documents to the examination hearing as are necessary to support the information that he or she provides in the financial information form. O. Reg. 440/10, s. 6 (2).

Customer: replied 2 years ago.
Thanks. In your professional opinion, do you think it would be unreasonable if, depending how it goes at the hearing, if I were to suggest to them that I would pay $300 per month for 60 months with a lump sum of $2,000 each of the 5 years, payable in April?
Also, do I have an option/right to ask to pay a lower amount say $10,000 to settle this once and for all?
Expert:  Debra replied 2 years ago.

You can certainly make any offer you like. The fact that you are trying so hard to work this out is quite compelling and I'm sure that they will see that.

I can't say what they will think is reasonable but the more you can give up front the happier they will be in my view.

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