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RE: JUDGMENTS FROM CREDIT CARD

Postby TJ.brooks » Thu Jun 06, 2013 05:41:00 PM

The house is owned equally under Family Law only when a divorce is in progress....it then falls under community property. Prior to that if it is only in one spouses name nothing can be attached to the other spouse. Just as one spouse can not force the other to sell except to liquidate for divorce purposes.
It also must be the matrimonial home lived in by both.
Any additional houses do not fall under same criteria, since in Ontario it is now a no fault divorce jurisdiction. Changed a number of years ago.
Gone are the days that the wife got half or all of everything. Thank God
TJ.brooks
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RE: JUDGMENTS FROM CREDIT CARD

Postby TJ.brooks » Thu Jun 06, 2013 02:12:14 PM

It only went to Divisional Court because they had to convince the court to put the house back in her name which is beyond the scope of small claims.
By doing this and being successful they would then have property in which to go after. The reason was the transfer was done after she became aware of her financial problems and it would be considered a ploy to hide assets.
Had the house still been in her name it would have been dealt with in small claims.
TJ.brooks
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RE: JUDGMENTS FROM CREDIT CARD

Postby TJ.brooks » Thu Jun 06, 2013 09:46:10 AM

Simple answer...no
The judgement will stand, what you are attempting to do is get a payment plan you can afford.
If they register a lien on the property it will prevent you from selling or re mortgaging until such time as the judgment is satisfied.
TJ.brooks
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RE: JUDGMENTS FROM CREDIT CARD

Postby TRUEGARNET » Thu Jun 06, 2013 09:22:45 AM

Hi HankBank,

The inputs you posted were very helpful, I appreciated it. Thank you.

I hope you don’t mind, I have more questions and hoping you have some ideas:

** If for example the motion will be granted, will the judgment and the writ will ceased? ( I don’t know the legal terms) Or still will
continue to exist until the debt have paid off.

** If for whatever reason I will sell the unit, will the value or the property will decline because of the writ?

Thanks again for all your support.
Roby
TRUEGARNET
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Posts: 4
Joined: Wed Jun 05, 2013 10:22:38 AM
Province: ON


RE: JUDGMENTS FROM CREDIT CARD

Postby TRUEGARNET » Thu Jun 06, 2013 06:03:24 AM

Hi HankBank,

Thank you for your advise. I'll appreciate it at least I can able to sleep...
Roby
TRUEGARNET
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Posts: 4
Joined: Wed Jun 05, 2013 10:22:38 AM
Province: ON


RE: JUDGMENTS FROM CREDIT CARD

Postby TRUEGARNET » Wed Jun 05, 2013 11:38:05 AM

Hi,

1.) afford about $150
2) About 40K

Thanks
Roby
TRUEGARNET
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Posts: 4
Joined: Wed Jun 05, 2013 10:22:38 AM
Province: ON


JUDGMENTS FROM CREDIT CARD

Postby TRUEGARNET » Wed Jun 05, 2013 10:36:06 AM

Hi,

This is regarding my credit card debt from one of the major banks ( I owed about $13000). They got a judgment by default ( did not action right away, I just don’t know what to do, this is about 6 mos. ago); I believed they also placed in a writ of seizure on my condo. ( actively current on my mortgage payments).

My questions are:

** Can the Sheriff barge in and kick us out in our small condo unit ( I’m a single mother with small child) at anytime, without even knowing it? Because
of this Writ, we will end up on the street?

** How much time do I have? Do I force myself in selling? This is our homestead and primary shelter. I am not really motivated to sell because
its close to school, work…

**Which direction should I go?

I’ll appreciate your support. Thank you.
Roby
TRUEGARNET
Member
Posts: 4
Joined: Wed Jun 05, 2013 10:22:38 AM
Province: ON


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