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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101391
Experience:  Lawyer
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In BC, after a mortgage dispute with RBC, I sold my

Customer Question

In BC, after a mortgage dispute with RBC, I sold my principal residence and delivered the proceeds to RBC. The sales proceeds were c$50,000 less than the 1st mortgage and RBC obtained a judgement for c$197,000 which also included a home equity line and $50,000 in an unsecured credit card balance. They obtained a garnishment notice (I was not served or notified) and seized $53,000 on deposit at another bank. They have now applied to have the $53,000 released from the court and I received notice of this by e-mail. The original garnishment order is riddled with errors and has a date of Sept 20, 1015 (not 2015) and another document has my first and middle name listed but not my surname. Are these errors (or any other tact) grounds to challenge the release of payment and the garnishment itself? Thanks.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I am sorry to hear of this difficult situation.These errors may be able to buy you some time but ultimately they are simply typographical errors and will not make a difference at the end of the day.Does that answer your question even though it is not quite what you wanted to hear?Please feel free to post back with any follow-up questions that you may have. If you do not have any follow-up questions I hope that you feel I have earned a five star rating. If you do not feel this way then please do not hesitate to post back and let me know how I can better assist you.Finally, please understand that even after you rate me I will still be here for you and you can provide me with follow-up questions even later on at no further charge.
Customer: replied 1 year ago.
I was wondering how unsecured credit becomes part of the judgement and what the outcome to an approach to have the garnishment dismissed based on hardship and replaced with a monthly payment or something
Expert:  Debra replied 1 year ago.
Secured creditors do not need to sue because they already have a lien on some asset. It is the unsecured creditors that need to sue. When they did and get a judgement then they can enforce it by garnishing wages or seizing bank accounts or seizing and selling assets or registering liens.There is no possibility of you being able to claim undue hardship when there is already a judgement unless it had got to do with garnishing your wages.
Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?