Nov 13, 2014 2:08 PM

Nope, sorry :/

Are they PAYING you?

No,the bank took possession of my bf house. It has been sold. They want to obtain a garnishment/judgment. Because they cant get any info on him they want him to attend an Examination.

Read this Capitaine Pete "YOU ARE REQUIRED TO BRING WITH YOU and produce at the examination...all and any books of account, letter books, BILLS OF EXCHANGE..."

What no signature isn`t there supposed to be a signature on these and if there isn`t is it not the same as like looking at a blank pc off paper ??

We didnt show up

been thru Palmerston many times used to live in Orangeville

Notices are never signed in my experience. Abandoned property Return to owner and/or sender.

They just wanted to EXAMINE "their" stuff :D

I'm probably shitting all over the place; what I mean is any notice I have RECEIVED has never been signed.

I have yet to give notice but as the Admiral said and I won't chance quoting him in case I embarrass myself but rather paraphrase instead 'one ALWAYS has to give notice.' This thing is coming to my door under a statute of a Limited Company masquerading as Government and I must deflect in order that there is no TACIT agreement implied.

can I file NOTICE OF MISTAKE?

They already seem to have POSSESION, which is 9/10th of the claim, most likely with a lien attached. What do you believe the Notice of Mistake will do? :/

You guys are STARTING to think these things through PROPERLY :D

And I recall from a separate thread that the remaining 1/10th of the claim is where the power lies. I think that had to do with who owns legal title.

It seems like the VESSEL needs to be empty, and parked out of water somewhere :-D

In a huge box :-D

Or IN another vessel, heavely armed :-\

The house has been sold, does that mean they would lien the person?

The selling of the house, has nothing to do with what appears to be an outstanding debt. Basically, once they take possesion, it's nobody's business what they do with the property. Still, there appears to be a debt, and they are looking for the resonsible party to settle the accounting. Putting a lien on the person/s for the owed amount, is one of the remedies the claimaint has.

So the sale of the house doesnt even go towards the mtg? I guess it would have had the bank not taken possession... I know the ex has filed for bankruptcy and Im thinking he should too...??

Sorry, I do not give legal advise. :/

has he seen the original note if the bank is not in possession they really have no claim

That Bankruptcy guy, his job is to find ALL assets of the person, right ?

correct ,,,,,,,,,,,,,,,,but they never question the person they only question the individual holding the person

assets and debt.... Honestly he has nothing except a car he makes pmts on. Avoiding it all together seems like a bad idea..

WHO is he? Is he this person, or does he have this person...

If he has declared bankruptcy i am surprised he still has the vehicle usually they come for it right away

But bills of exchange are assets, right ?

yes

create a bill of exchange to discharge the debt ??

No not yet. This would be x2 bankruptcy. I believe if the black book value is under a certain amt then u can keep it...

R.S., c. B-5, s. 30.

Perfecting bill

30. Where a simple signature on a blank paper is delivered by the signer in order that it may be converted into a bill, it operates, in the absence of evidence to the contrary, as an authority to fill it up as a complete bill for any amount, using the signature for that of the drawer or acceptor, or an endorser, and, in like manner, when a bill is wanting in any material particular, the person in possession of it has, in the absence of evidence to the contrary, the authority to fill up the omission in any way he thinks fit.

R.S., c. B-5, s. 31.

http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-b-4/latest/rsc-1985-c-b-4.html?searchUrlHash=AAAAAQAWIGJpbGxzIG9mIGV4Y2hhbmdlIGFjdAAAAAAB

So if I go meet one of these Bankruptcy guy, well all these idiots who refuse to give back the bills of exchange to me, will receive a call from this bankruptcy guy, because these bills are ASSETES. right :-D

apparently so ............what did they do with your assets that you sent in ..........the fact that they accepted them for just over 2 yrs shows they were a party to an accepted arrangement or contract now they back out your out your assets and they reneged .Question Pete are you letting them off the hook with out paying any monetary penalty for doing so .Every where we enter into a contract there is a penalty for breaking the agreement

Muhahahahaha :-D

Sorry, I do not give legal "Advise". That's brilliant,, Such Woo No Legal Advise :)