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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99978
Experience:  Lawyer
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I have an instance of unjust conversion of tangible goods.

Customer Question

I have an instance of unjust conversion of tangible goods. the party in possession is not acting promptly nor in my best interests.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for requesting me. What are the basic facts? How much are the assets worth?

Customer: replied 1 year ago.
The assets have a value of $15,000.00 to $19,000.00
There has only been one sale to the agent contracted with.ed.
No reoports have been made.rder
No record of so called interested parties has be made.
I am in the dark and any offer to help is rejected.
My prohibition order makes it more difficult but not impossible to help
Expert:  Debra replied 1 year ago.

I still don't have the facts. Why does he have you goods? Please explain what the history is.

Customer: replied 1 year ago.
The matter is further complicated by the fact that I am dealing with my children. The youngesf loaned me the money to pay legal fees. The eldest sees this as a "windfall opportunity" to acquire possession of assets that would never have been given to him. There are no pre-existing promises or agreements, neither verbal or written that made or aluded to such promises.
Customer: replied 1 year ago.
I am fine to continue at your convenience. It is late for this type of disscusion. If you wish to put itover I am in agreement. Please advise.
Customer: replied 1 year ago.
a condition of my Probation is that I may not possess firearms. The police had seized them from my homets with the final outcome being their Destruction. My Lawyer negotiated a release of the property to a properly licensed person who would proceed to sell the firearms for my benefit. Contact was made with my son to determine his interest in selling them. He has only made one sale in the last year. I do not what was sold or how much money was raised. I have no way to communicate with him. I want to repay my debt. I belive litigation is the crucial motivator. Please let me know when and or if we may speak on the phone.
Expert:  Debra replied 1 year ago.

I cannot speak on the phone as the rules of my law society don't allow it as you are not my client.

Should we go ahead?

Customer: replied 1 year ago.
The reason he has the firearms was explained but I will restate it. As part of my Probation I am Prohibited possessing firearms. My firearms had been seized by the Police when I was arrested. In the normal course of events seized firearms are sent for destruction. My Defense lawyer was able to negotiate with the police to have the guns and their registrations transferred to my son so that he could sell them with proceeds to be used to defray my legal fees. He (my son) agreed to undertake this task. My son was asked to do this as he is qualified and licenced to acquire Restricted Firearms. Does this answer your question. If not please ask for any additional information and I will reply asap.
Customer: replied 1 year ago.
How would I establish the status of being your client? If this was possible could we then speak on the phone? Than you for your reply.
Expert:  Debra replied 1 year ago.

I can only communicate through the site, but if you prefer I can suggest ways of finding your own lawyer.

So would you like me to reply to this post, or would you like me to suggest ways of finding a lawyer.

Customer: replied 1 year ago.
At this moment please reply here on the site. Perhaps I will seek your further advice regarding seeking a Lawyer at some future time. Thank you for your counsel to date.
Expert:  Debra replied 1 year ago.

I suggest you send a letter to your son (by registered mail.) In the letter you can express how disappointed you are and that unfortunately, at this point in time, you have no ability to continue to wait as you require the funds for your lawyer. Tell him that if he does not make his very best efforts to sell the firearms and also keep you up to date about what is going on with the sale then you will have no choice but to ask your lawyer to step in and amend the court order so that someone else will take over his responsibilities even if it means that that person has to get paid.

Does that help?

Customer: replied 1 year ago.
Your recommendation has merit. It establishes a baseline for his performance and the consequences for his not completing same. I intend to add value of the firearms and any failure to return same must be matched by the actual amount of money already paid to my other son (the lender). Failing which I will pursue legal action to recover the difference. I would appreciate your brief comments of my variation on your proposal. Thank you.
Expert:  Debra replied 1 year ago.

They are excellent. It is a good way to proceed.

I hope this works out very soon.

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