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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101440
Experience:  Lawyer
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We are involved in a lawsuit and the plaintiff has put a

Customer Question

We are involved in a lawsuit and the plaintiff has put a garnishment on our account. I have spoken to their lawyer and they said they will try to speak to their client to set up a payment plan. They have asked us to sign a consent stating " relief sought in the notice of motion dated May 10, 2016, which is being heard before Deputy Judge Golem on May 16, 2016". The notice of motion was to correct a typographical error on their part. They Listed us as Radar Electric Inc and we are Radar electric Ltd. Anyway, just wanted to make sure that its ok to sign this consent.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
We cannot provide legal advice. I can explain what you are doing. You are consenting to them changing the legal documentation so that they sued the correct defendant and so that they can enforce the judgment against the corporation's assets. If you are agreeable to this then your signing tells the court that you will not contest this change being made to the documentation.
Customer: replied 1 year ago.
So if we consent to this that will give them access to the cooperate bank account as well? They only put a garnishment on our personal account. Is that why they were not able to put the garnishment on the company account, because the name was incorrect?
Expert:  Debra replied 1 year ago.
Yes, you are right in all that you just send.
Customer: replied 1 year ago.
What if the judge approves the change, will they be able to access funds anyway even without our consent.
Expert:  Debra replied 1 year ago.
Yes, unfortunately.