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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3502
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My ex-boyfriend owes me $19,500.00. Some business, some

Customer Question

Hello, my ex-boyfriend owes me $19,500.00. Some business, some personal. I have a written and signed note by him declaring same. What options do I have to reclaim my money? From what I've read on this site, it looks like I have to sue him in small claims court BEFORE I can place a lien on property? Please confirm. Thank you for your time!
Submitted: 2 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 years ago.

Hello, thank you for the question.

I see that you requested LegalEase for your expert, who is apparently not around at the moment. Would you like to wait or discuss your matter with me?

Customer: replied 2 years ago.
To discuss with you is fine...
Expert:  Ulysses101 replied 2 years ago.

That's fine. Can you tell me a little more about your relationship with your ex? If you two lived together when the debt was incurred then this is arguably a family law issue rather than a debt collection issue.

Customer: replied 2 years ago.
We were together for 14 months, never 'officially' lived together. I rent my residence and the sole name on the lease, he is a co-owner of a house (along with his previous common-law spouse) but does not reside there. He also has a fairly new truck almost paid for.
Expert:  Ulysses101 replied 2 years ago.

I get concerned because if you bring an action against him in small claims court, he could claim that you were living together and thus the family court should have jurisdiction.

Do you have any children together? Was he getting his mail delivered to your place? Could he claim that he was residing at your place with you in a spousal relationship?

Customer: replied 2 years ago.
I recently was made aware of a serious drug use problem he has developed along with $80,000 of other credit debt he now also owes. When I left, a comment was made that "you won't see that money" which of course has been very upsetting for me. Under the influence of the drugs, he is not the same reasonable person he once was. He is currently a working professional with a regular income.
Expert:  Ulysses101 replied 2 years ago.

I understand. But I'm trying to determine which court this should be heard in.

Do you have any children together?

Was he getting his mail delivered to your place? Or anything else to prove that you were living together as spouses?

Perhaps you filed income tax returns as a couple?

Customer: replied 2 years ago.
No children together, no mail to my house, no connections at all that way. I could prove where he does reside and for how long quite easily. We didn't make any major purchases together either. The relationship was kept simple that way.
Expert:  Ulysses101 replied 2 years ago.

OK, thank you for that. It simplifies the issue.

How old is the document that he signed which acknowledges the debt? When did he sign that?

Customer: replied 2 years ago.
The document is dated March 27, 2014. It has two sentences that read: 'I, Michael D----, agree to pay back Lisa K---- in the amount of $-------- (which he left blank for me to fill in the amount?!). I agree to pay this money when I have the extra funds available and when my company is making money'. He signed it twice for some reason. His company that he is referring to is a new start business that is not up and running yet... but he is full time employed currently.
Customer: replied 2 years ago.
It should read '2015' on the letter date not '2014' .... I just realized that! Oh no... that's probably not good, is it? We weren't even a couple yet in March 2014! I can't believe I didn't notice that..
Expert:  Ulysses101 replied 2 years ago.

I see. You have an acknowledgement of indebtedness that is less than two years old. So I recommend that you go to your nearest courthouse and ask about bring a Small Claims Court action. It's relatively simple. And in your claim you can correct the error about whether it's 2014 or 2015 on the signed document, that won't hurt you.

You asked initially whether you can put a lien on his property first. The short answer is that you can't do the lien first. A lien is a court order that allows you to attach his debt to you on property that he owns. First you need judgement in your favour. A lien is an enforcement measure regarding a judgement that has already been made. Does that make sense?

Customer: replied 2 years ago.
That does make sense. Small Claims court first, to obtain a judgement, in my favor (hopefully), before a lien on property can be done. Thank you so much for the clarity. Good thing I asked. Are there any other options? I'm guessing not.
Expert:  Ulysses101 replied 2 years ago.

To answer your question about whether a lien can come first, no. A lien on property is an enforcement measure for when you already have judgement. Generally. There are exceptions which don't apply here.

Is there anything else about this subject to discuss? If so then please reply to me. If not, then I'll ask you to please rate the service positively. That's how I get credit from the site for helping you with your matter.

Expert:  Ulysses101 replied 2 years ago.

I'm just checking in to see if we're done with your matter. I'm sure that that the site has been pestering you, I have no control over that I'm afraid.


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