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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100382
Experience:  Lawyer
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I have a judgement against me that is about to start wage

Customer Question

I have a judgement against me that is about to start wage garnishment. We do not owe the money. I am about to file my garnishee's statement, will this stop it until it can be litigated? This is a six yr old judgement, we have already paid over $50,000, the bank who's name it is in, has no idea what it is they have nothing on it. We are "clear and in good standing" we have also had our mortgage renewed twice in the last 6 yrs by the same bank. more than amount they say is owed is in equity in our home. We also secured a vehicle loan 2 yrs ago. They made initial contact with us 2 yrs ago with the judgement and enforcing it would take place I spoke with them as did the finance officer at the bank, we never heard from them again until tues March 1st. I was hospitalized when the first judgement came through six years ago and did not respond, hence the over 50,000 we paid, 2 yrs later while we were still paying them for the vehicle and negotiating with them the terms of the loan I was again hospitalized, while I was in the O R they re-po the vehicle,
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying that you have fully paid off the judgment and don't understand why this is happening?

And, if that is the case, what is the bank saying to you?

What province is this please?

Customer: replied 1 year ago.
I have not spoken with TD about this, 2 yrs ago when they served us with this judgement I called the law firm and asked what it was, they said from the vehicle, as well the finance officer spoke with them, my reply was this is done I had Mr. Izak's assurance that the filed was closed and we would not thankfully hear from him again, I asked how we just secured a mortgage renewal if a 53,000 judgement was on us with TD, and how we could secure a vehicle loan of all things, if the judgement was on us, our bank officer spoke to them and said what is this? We have nothing, it's here but says it is completed, they are in the clear and have been for a few years now, and are in good standing once again, he added these people have nothing they are hiding nothing and they satisfied TD with the amount paid to them, we never heard from them again after those phone calls, until March 1st when they advised us garnishment would commence immediately, I have 10 days to respond, this was a several year process of paying and negotiating with them, they would say you pay this or were taking the house, so we paid and paid, a chartered accountant took care of a lot of the back and forth with them, I was to ill to deal with it, the first thing we did when we had made final payment to them was return to our home branch, to see what was on our credit bureau we specifically asked about the vehicle, he said it is a completed and closed then showed myself and the CA the screen, in all 3 finance officers and 1 branch manager told us it's done in TD eyes, Ontario is the province, London
Expert:  Debra replied 1 year ago.

So for sure fill out the form but beyond that it is important that you speak to your own bank manager and ask for their assistance, at once.

If that doesn't work go to the head office of the bank and/or their legal department.

Explain that this is urgent as there is going to be a wage garnishment but there is an error on the part of the bank as the judgment was paid in full long ago and that the bank manager and other officers at the bank had all agreed long ago that you had paid this off completely.

Threaten a lawsuit if necessary and even consider paying a lawyer a fee to send a threatening letter.

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