小额法庭亲历记

[成事在天]

作者: helpeachother

非常感谢大家，以上就不一一回复了。
因为最近跨省搬家，很多事情还没理顺，后续该做什么事情还没想好，特别是我已不在当地，怎么申请强制执行是个很头疼的问题，估计最后就是花钱请律师帮忙做了。
在我离开多伦多的最后一天，我到法庭申请了Writ of Seizure and Sale of Land，目的...

Have you obtained the Judgment and filed Writ of Seizure and Sale in the jurisdiction where the Property is located before he sold the Propety? (Sorry I do not have time to go through your whole case)

[成事在天]

作者: helpeachother

要钱的过程确实不顺利。

我委托律师申请强制执行，律师到法院申请了examination，目的是让房东报出自己的银行帐号和名下资产，法院要求将通知送到房东本人手上，律师找快递送通知时被告知房东卖了房子，我找出另一个房东住址，快递再送达时被现任租客告知房东已经搬离了，因为快递不认识房东本人，我不知...

1. ask your lawyer to do the following searches to locate him: 1. driver's licence search; 2. equifax search; 3. skip trace

2. when you get his new address, if it is in Ontario, then ask your lawyer to file the WSS in that Jurisdiction. Therefore, no matter he wants to sell his property, get refinanced from the Bank, or buy Property, he has to pay off your "Execution" against him.

[成事在天]

作者: 自由人

请问一下，这些动作花费是不是比较大？有个小子欠我快四千元，现在真不知道怎么办好。不管吧，窝囊，官吧，没有有效办法，花费也高，都不值，他好象也看好这点了。
谢谢先。

Law firms can do those searches (but not all law firms can do all of them)...

It is hard to estimate... I will say, if the Court gets involved, total fees & disbursement probably cannot be lower than $1,000.00, plus your time, energy & headaches. If you have time, then it will be another story...

[成事在天]

作者: helpeachother

在做你说的这三样search时，是不是还需要房东的某些资料？我现在什么资料都没有，律师说如果有生日，能查一下他的资产状况什么的，但生日、驾照号码这些私人信息怎么能得到呢？你说的第三项skip trace是什么？谢谢！

目前律师说能做的就是查一下这个餐馆的building是在谁的名下，如果还没卖...

You mentioned that you have a lawyer to help you now so I thought the lawyer possibly will help with doing the searches. However, like I mentioned, not all the law firms can do those searches. For your information:

Driver's licence search, you need his date of birth; Equifax search: date of birth, SIN number & last known address; Skip trace search: date of birth and last know address.

The lawyer can do a teraview search of the Property (it does not matter if he sold it or not), pull out the "Transfer" (when he bought the Property), his date of birth can be found there. If his wife is also the registered owner of the Property, you can find her D. O. B., too. ( I am so superised that your Lawyer said he/she does not know how to obtain a D.O. B)

[成事在天]

作者: helpeachother

在做你说的这三样search时，是不是还需要房东的某些资料？我现在什么资料都没有，律师说如果有生日，能查一下他的资产状况什么的，但生日、驾照号码这些私人信息怎么能得到呢？你说的第三项skip trace是什么？谢谢！

目前律师说能做的就是查一下这个餐馆的building是在谁的名下，如果还没卖...

There are two terms I want to explain to you: Lien and Execution

If you know the Property/Properties is/are under his name, you register a lien on the PP, when he tries to sell it, for sure, you will get paid;

If you don't know where his property is or whether he has a property or not, but you know his whereabouts, at least in a certain jurisdiction, like, Toronot, Brampton, Cambridge, you can issue a Writ of Seizure and Sale in the same Court as you obtained Judgment , and file the WSS in the Jurisdiction where he lives. This Writ is called an "Execution" against him. It is not sure if you will be paid and when you will be paid, but he will be in trouble when he wants to get a loan and will affect his credit.