Thank you Ottawa_Chap and footloose for responding

I am sorry my first post had a spelling mistake in the beginning. I am going to use fake names to help explain the parts I think I have mixed up.

Raj (the one who thinks I owe him money) wanted to invest with Mike (the guy who owns the property) he wanted to purchase his property and rent it out for profit.

My husband wanted to purchase the property from Mike initially because of the good profit but did not have the funding. My husband told Raj about it as he would discuss this kind of information with him. Raj who was my husband’s accountant decided he wanted to invest his money into. Raj wanted to have the property under his wife, which I think is because he already has a house under his name already.

Ottawa_Chap – I agree with you that is how a feel that I should be able to do something. When I went to see my lawyer last week July 14) I asked him what can you do for me? He said he would see what he could do. (I was not really happy with that response) I then told him that amount of money they are taking is way too much and I have been putting my expenses on my credit card which will be soon maxed. Then he told me he could try to see if he can reduce the deduction amount. He requested for me to send him my expenses. On July 15th I sent him my bank statement for the past two months and noted what each transaction was for. I only use my debit card I don’t like taking cash out. I also explained to him my up coming events that I planned in 2009. I do not think I should have to cancel my plans just because of this Raj guy.

Footloose – The lawyer I got was preferred to me by my husband’s friend. I am going to be frank…I have not clue what to do. When I went to the court to get the documents I was told by the court accountant to go to the Federal desk. When I went there they told me to go to the provincial desk, then the provincial desk told my to go to the Federal desk…apparently I was giving them the wrong information that the court accountant told me.

When I emailed my lawyer my expenses I asked him do I even have a chance of getting this off my back. I am just waiting for his response, I am going to wait until tomorrow if I do not hear anything I am going to ask for refund of my retainer of 600.00 which I put on my credit card because I was already living by pay cheque not really saving anything. I just need to know what he has done if he hasn’t done anything then I will contact the Alberta Law Society like you suggested.

You would think the lawyer would tell me if he can or cannot do something but I guess they all want to make money. Apparently, this guy is really good at what he does.

I do not have any other garnishees just this one I would never ever in my life let something come to this point. It is so embarrassing and it really bothers me at work. I work closely with the founder and president of my employer and it is very hard to concentrate. All that goes through my head is they must be wondering what I did and how I owe this Raj guy so much money.

For example, I was clearing 1,200.00, after the CPP, Federal, RRSP and benefits have been deducted, every two weeks now I am only clearing 717.00. My calculation must be completely wrong…

I honestly did not get anything from this guy Raj. Raj states he served the papers to my husband on a Saturday, July 18 2009, we were suppose to be in the court sometime in December 2009. My husband and I both signed under oath that we did not receive anything. I wish Raj served us on that day I would have fought it and I would not be in this huge problem.

Thank you both for the information you have provided me.

Hi Monicar

I am not familiar with the Small Claim Court system in Alberta but I can offer you some advice based on my knowledge of the Small Claims Court system in Ontario.

First of all, you said in your thread that you hired a lawyer to handle your case. Most lawyers do not do Small Claims Court work because their fees in many cases far exceed what the client is willing to pay. In addition, many people represent themselves in Small Claims Court whereas, in other courts they are generally represented by legal counsel. Thirdly, because many lawyers do not do this type of work, they are unfamiliar with the rules of the court, procedures to be followed and the required forms to be filed. My suggestion to you would be to seek out the services of a paralegal firm who specialize in Small Claims work. They are extremely knowledgeable of the system and their fees are much more reasonable. You can contact the Alberta Law Society (who licence these paralegal firms) and I'm sure hat they will supply you with the names of paralegals who specialize in Small Claims work.

You also state in your thread, that your wages are being garnished by about 42%. What this tells me is that you have two or more garnishees. Here in Ontario, pursuant to the Ontario Wages Act, the maximum that can be garnished is 20% of your gross wages, less statutory deductions.
For example, if your gross wages are $800 and you have deductions for income tax, CPP, employment insurance and a pension plan and these deductions total $200, then your net income is $600. The maximum that can be garnished is 20% x $600 or $120. The only exception to the 20% rule is if the garnishee is for child support. That rate can go to 50%.
However, in Ontario, if the garnishee is crippling you financially, you can file a motion before a judge in the Small Claims Court requesting a Consolidation Order whereby the garnishees are combined so that in total, your garnishee cannot exceed 20%.

From your blog, here is what I think has happened. This "third party" filed a claim with the Small Claims Court. Once he files this claim with the court, (3 copies required) the court stamps all 3 copies. The court keeps one copy for their records (this becomes the filing date) and returns 2 copies to this "third party". He is supposed to mail or hand deliver one copy to you and keep one copy for his records. In Ontario, he would have 180 days to serve you with this claim. You, the defendant, have 20 days to file a defense. But you claim that you did not receive this claim.

As I see it from your blog, he probably did not serve the claim on you knowing that you would defend this claim and he did not want this to happen. After 20 days passes, he goes to the courthouse and swears out an affidavit under oath (presumably a false affidavit) and files a motion for a defense judgement because you did not respond to his claim. He then files a motion for a garnishment order which is then served on your employer. If this is what happened, you can file a motion before a judge in the Small Claims court requesting the garnishee be set aside because you believe the claim was never filed with you, therefore the affidavit is bogus and the "third party" lied under oath.

Keep us posted as to the results of this case. Sounds Interesting.

Good Luck and have a GREAT DAY

Think that your lawyer would be the best one to clarify IF and HOW this garnishment order might be fought in your province. My thinking is that IF you didn't rec'v this original court order, then you might be able to file a defense of some sort on those grounds? Again, your attorney would provide more accurate advice.

O.C.

Hi,
My wages are being garnished by a person who believes my husband and I owe him money that he invented with a third party person. My husband helped them out as they did not really know what to do and they wanted to invest their money. They gave the third party 20,000 for a real estate deal. The person had everything done under his wife's name and she was suppose to sign the papers by a deadline. Her husband had to go back home to India as his Father was ill. His wife then did not want to sign without him present. The third party was able to give her another month to sign but she still did not want to sign. I am guessing they did not want to go ahead with the deal or something.

When my husband went to their house to discuss the dealing with them I was lured in by the wife. Well I knew my husband was going to talk to them about some kind of dealing but I did not really think much of it. The wife insisted for us to stay for lunch so I was in the kitchen helping her out when her husband and mine had their discussion.

I was heading to Australia for my cousins’ wedding when I returned the guy’s wife started calling and harassing me about their money. I continuously told her to stop calling me as I was not involved in their dealing. I actually did not even know much about it until I talked to my husband. I finally had to turn my phone off and change my number. They started showing up at our home early in the mornings. We threaten to call the police and then it all ended.

About two years later this guy shows up at my work with a court order to garnish my wages. I was shocked and so embarrassed, my employer called me in to the boardroom and asked me if I knew this man and I said I know him but I have nothing to do with him. Then my employer explained to me what he is trying to do, the guy tried to hand me the papers and I would not touch it and asked him what grounds do you have to do this? He responded with I don’t know. I was so angry and I just did not know what to do, after the guy left my employer allowed me to leave to go to the court and get the documentations.

When I got the papers not really understand how he is doing this to me in the beginning. I read his statement that said he gave my husband and I the 20,000.00 in hand for a dealing we backed out of and promised to pay him back.

I was fuming even more, then I read the signing under oath of him personally serving me with the papers in the summer of 2009, which is of course bogus. The lady who was providing the documents asked me ‘You don’t have these documents’ I told her know and I never knew about any of this until today. I started to ask her how can this be? She said that we sent you a letter as well I told her honestly I did not get it. She said well I don’t see the letter not being undeliverable. She told me it was sent by regular mail and that is how they always sent their mail. I explained to her I am not stupid to get a letter from the court and ignored it, plus knowing I had nothing to do with what this guy is saying. I would have shown up at the court and fought, would have asked them to ask this guy for proof that the money was given to us. This guy is such a lair he told his wife and my husband I went to his home when he was home alone and told him I would pay him the 20,000. My husband called me while he had him on the phone and he repeated it for me to hear.

I hired a lawyer but I am getting worried as this is the second time my wages are being garnished and I cannot survive with what they are leaving me. It is about 42% of my wages that the court is taking from me. I am struggling, depressed and very stressed out. I had to start putting charges on my credit card to ensure I do not miss any of my payments.

My question is since I had to hire a lawyer I just need some certainty that everything will be okay. Do I have any luck or is this guy and his wife going to take my hard earned money because they are good lairs and have no respect for our Canadian laws?

Any information or help will be greatly appreciated.

Thanks
Monica